IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


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1.6 


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Hiotographic 

Sdences 

Corporation 


23  WIST  MAIN  STRUT 

WEBSTIR.N.Y.  MSIO 

(716)  872-4503 


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CIHM/ICMH 

Microfiche 

Series. 


CIHM/ICIVIH 
Collection  de 
microfiches. 


Canadian  Institute  for  Historical  Microreproductions  /  Institut  Canadian  de  microreproductions  historiques 


Technical  and  Bibliographic  Notes/Notes  techniques  et  bibliographiques 


The  Institute  has  attempted  to  obtain  the  best 
original  copy  available  for  filnr>ing.  Features  of  this 
copy  which  may  be  bibliographically  unique, 
which  may  alter  any  of  the  images  in  the 
reproduction,  or  which  may  significantly  change 
the  usual  method  of  filming,  are  checked  below. 


n 


D 


D 


D 


D 


D 


Coloured  covers/ 
Couverture  de  couleur 


I      I    Covers  damaged/ 


Couverture  endommag^e 


Covers  restored  and/or  laminated/ 
Couverture  restaur^e  et/ou  pellicul6e 


I      I    Cover  title  missing/ 


Le  titre  de  couverture  manque 


I      I    Coloured  maps/ 


Cartes  gdographiques  en  couleur 

Coloured  ink  (i.e.  other  than  blue  or  black)/ 
Encre  de  couleur  (i.e.  autre  que  bleue  ou  noire) 


I      I    Coloured  plates  and/or  illustrations/ 


Planches  et/ou  illustrations  en  couleur 

Bound  with  other  material/ 
Re\\6  avec  d'autres  documents 

Tight  binding  may  cause  shadows  or  distortion 
along  interior  margin/ 

La  re  liure  serrde  peut  causer  de  Tomi^'e  ou  de  la 
distortion  le  long  de  la  marge  intirie  in? 

Blank  leaves  added  during  restoration  may 
appear  within  the  text.  Whenever  possible,  these 
have  been  omitted  from  filming/ 
II  se  peut  que  certaines  pages  blanches  ajout6es 
lors  d'une  restauration  apparaissent  dans  le  texte, 
mais,  lorsque  cela  6tait  possible,  ces  pages  n'ont 
pas  6t6  film^es. 

Additional  comments:/ 
Commentaires  suppl6mentatres; 


L'Institut  a  microfilm^  le  meilleur  exemplaire 
qu'il  lui  a  iti  possible  de  se  procurer.  Les  details 
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point  de  vue  bibliographique,  qui  peuvent  modifier 
une  image  reprcduite,  ou  qui  peuvent  exiger  une 
modification  dans  la  methods  normale  de  filmage 
sont  indiqu6s  ci-dessous. 


I      I   Coloured  pages/ 


1/ 


D 
D 


Pages  de  couleur 

Pages  damaged/ 
Pages  endommag6es 

Pages  restored  and/oi 

Pages  restauries  et/ou  pellicul6es 


I      I    Pages  damaged/ 

I      I    Pages  restored  and/or  laminated/ 


Pages  discoloured,  stained  or  foxed/ 
Pages  d6color6es,  tachetdes  ou  piqudes 


I      I    Pages  detached/ 


Pages  d6tach6es 

Showthrough/ 
Transparence 

Quality  of  prir 

Quality  indgale  de  I'impression 

Includes  supplementary  materif 
Comprend  du  materiel  supplimentaire 


r~|    Showthrough/ 

I      I    Quality  of  print  varies/ 

I      I    Includes  supplementary  material/ 


Only  edition  available/ 
Seule  Edition  disponible 

Pages  wholly  or  partially  obscured  by  errata 
slips,  tissues,  etc.,  have  been  ref limed  to 
ensure  the  best  possible  image/ 
Les  pages  totalement  ou  partiellement 
obscurcies  par  un  feuillet  d'errata,  une  pelure, 
etc.,  ont  6t6  fiim^es  A  nouveau  de  fapon  A 
obtenir  la  meiileure  image  possible. 


The  CO 
to  the  I 


The  im 
possibi 
of  the 
filming 


Origini 
beginn 
the  las 
sion,  0 
other  ( 
first  pf 
sion,  a 
or  iiius 


The  lai 
shall  c 
TINUE 
whichi 

Maps, 
differe 
entirel' 
beginn 
right  a 
require 
metho 


This  item  is  filmed  at  the  reduction  ratio  checked  below/ 

Ce  document  est  film6  au  taux  de  r6d  iction  indiqu6  ci-dessous. 


10X 

14X 

18X 

22X 

26X 

30X 

y 

1  jMMi^ 

12X 


16X 


20X 


24X 


28X 


32X 


laire 
8  details 
iiues  du 
It  modifier 
iger  une 
e  filmage 


The  copy  filmed  here  has  been  reproduced  thanks 
to  the  generosity  of: 

Library  of  the  P'.:blic 
Archives  of  Canada 

The  images  appearing  here  are  the  best  queiity 
possible  considering  the  condition  and  legibility 
of  the  original  copy  and  in  keeping  with  the 
filming  contract  specifications. 


Original  copies  in  printed  paper  covers  are  filmed 
beginning  with  the  front  cover  and  ending  on 
the  last  page  with  a  printed  or  illustrated  impres- 
sion, or  the  back  cover  when  appropriate.  All 
other  original  copies  are  filmed  beginning  on  the 
first  page  with  a  printed  or  illustrated  impres- 
sion, and  ending  on  the  last  page  with  a  printed 
or  illustrated  impression. 


u6es 


L'exemplaire  film6  fut  reproduit  grAce  A  la 
gAnArositA  de: 

La  bibliothique  des  Archives 
pubiiques  du  Canada 

Las  images  suivantes  ont  tti  reproduites  svec  le 
plus  grand  soin,  compte  tenu  de  la  condition  et 
de  la  nettetA  de  l'exemplaire  fiimA,  et  en 
conformity  avec  les  conditions  du  contrat  de 
filmage. 

Les  exemplaires  originaux  dont  la  couverture  en 
papier  est  imprimie  sont  filmAs  en  commen<pant 
par  le  premier  plat  et  en  terminant  soit  par  ia 
dernlAre  page  qui  comporte  une  empreinte 
d'impression  ou  d'iliustration,  soit  par  ie  second 
plat,  seion  le  cas.  Tous  les  autres  exemplaires 
originaux  sont  fiimis  en  commenpant  par  la 
premidre  page  qui  comporte  une  emprr:nte 
d'impression  ou  d'illustration  et  en  terminant  par 
la  derniire  page  qui  comporte  une  telle 
empreinte. 


The  last  recorded  frame  on  each  microfiche 
shall  contain  the  symbol  ^h^  (mean?<tg  "CON- 
TINUED"), or  the  symbol  y  (meaning  "END"), 
whichever  applies. 


Un  des  symboles  suivants  apparaTtra  sur  la 
derniire  image  de  cheque  microfiche,  seion  ie 
cas:  ie  symbols  -^  signifie  "A  SUiVRE ',  ie 
symbols  V  signifie  "FIN". 


lire 


Maps,  plates,  charts,  etc..  may  be  filmed  at 
different  reduction  ratios.  Those  too  large  to  be 
entirely  Included  in  one  exposure  are  filmed 
beginning  in  the  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  illustrate  the 
method: 


Les  cartes,  planches,  tableaux,  etc..  peuvent  dtre 
filmAs  A  des  taux  de  reduction  diffirents. 
Lorsque  ie  document  est  trop  grand  pour  Atre 
reproduit  en  un  seui  clichA,  ii  est  filmA  A  partir 
de  Tangle  supArieur  gauche,  de  gauche  A  droite, 
et  de  haut  en  bas.  en  prenant  ie  nombre 
d'images  nAcessaire.  Les  diagrammes  suivants 
illustrent  la  mAthode. 


by  errata 
ted  to 

ent 

jne  pelure, 

fa9on  d 


1 

2 

3 

32X 


1 

2 

3 

4 

5 

6 

01 


jD 


UNIT 


AUTHOR    OF    ' 
MOUNT. 


J.  WINC 


J 


^"^ 


°^' 


^/ 


HISTORY 


o  r 


OREGON    TERPTTORY, 


IT     BEING     A 


DEMONSTRATION   OF   THE  TITLE 


0  .F     THESE 


1    UNITED    STATES   OF   NORTH  AMERICA 


TO    THE    SAME. 


ACCOMPANIED  BY  A  MAP. 


BY    THOMAS    J.    FARNHAM,    Esq. 


AUTHOR    OF   "  TRAVELS   IN   THE   GREAT   WESTERN   PRAIRFES,  THE   ANAIIUAC,  AND  THE  ROCKY 

Nl)   THE   OREGON    TERRITORY,"    "  TRAVELS    IN   THE   i 

AND     "  SCENES     IN    THE    PACIKJC,''     ETC.    ETC.    ETC. 


MOUNTAINS,    AND   THE   OREGON    TERRITORY,"    "TRAVELS    IN   THE   CALIFORNIAS, " 


J.  WINCHESTER,  NEW  WORLD  PRESS,  30  ANN-STREET. 

1844. 


Entered  according  to  Act  of  Congress,  in  the  year  1844, 

BY.     THOMAS    J.     FARNHAM. 

In  the  Clerk's  Office  of  the  District  Court  of  the  United  States 

for  the  Southern  District  of  New- York. 


The 

Americii 

the  inve 

of  the  di 

sovereigi 

sions  at 

by  purcl 

its  Coast 

Treaty 

our  own 

Through 

for  histor 

nations. 

pamphle 

selfishnei 

tion  (jf  p 

people  t( 

their  Gov 

and  hono 

for  \vhat( 

the  evide 

of  it,  and 


New-Yi 


,1 


r  W  E  F  A  C  E 


r  1844, 


ted  States 


The  following  pages  are  devoted  to  an  exaiiiinaiion  of  llie 
American  Titl(3  to  the  Oregon  Territory.  The  course  taken  in 
the  investigation  is  that  of  giving  a  plain  and  intelligible  history 
of  the  discovery  and  occupation  of  that  country,  and  the  right  of 
sovereignty,  which  has  arisen  under  these  acts.  The  conclu- 
sions at  which  I  have  arrived  are  these :  That  we  own  Oregon 
by  purchase  from  Spahi,  the  sole  discoverer  fmd  first  occupant  of 
its  Coast ;  by  purcha.  o  from  France,  to  whom  England,  by  the 
Treaty  of  Versailles,  relinrjuished  her  clfiim  to  it ;  and  by 
our  ow'n  discovery  and  prior  occupancy  of  Columbia  River. 
Throughout  the  work,  incontrovwrtiblc  Authorities  are  relied  on 
for  historical  facts,  and  for  the  construction  given  to  the  laws  of 
nations.  Out  of  her  own  mouth  is  Britain  judged  :  and  if  this 
pamphlet  shall  serve  to  convince  my  countrymen  of  the  insolent 
selfishness  of  Great  Britain — her  grasping  injustice,  her  destitu- 
tion of  political  honesty — and  serve  to  show  a  necessity  for  the 
people  to  act  for  themselves,  and  to  expect  from  the  hands  of 
their  Government,  at  Washington,  the  meiintenance  of  the  rights 
and  honor  of  their  country  ;  tlie  author  will  feel  richly  rewarded 
for  whatever  labor  he  has  bestowed  in  collecting  and  arranging 
the  evidence  of  their  richls  to  the  Oregon  Territory — the  whole 
of  it,  and  nothing  less  ! 


THE  AUTHOR. 


New-Yo-rk,  May  30.  1814. 


E 


F  I 


Forty 
Corlez,  th 
tries,  in  ; 
north  ant 
the  most  r 
Culiacan, 
fornia,  in 
near  the  s 

Of  this 
little  auth 
tion  of  Co 
do  Mazuc' 
sou  ihwest 
north  lati 
mandcd  b; 
obliged  to 
crew  dose 
Acapulco, 
ceptirig  till 
sel  was  ril 
who  pretei 
of  these  v( 
same  direc 
set  sail  fix 

Grijalvi 
having  difc 
miles  from 
returned  tc 


HISTORY   OF    OREGON. 


CHAPTER    I 


OKEGON   DISCOVERED  BY  SPAIN. 


I 


Forty  ycar»  after  the  discovery  of  the  Western  Continent,  Hernan 
Cortez,  the  conqueror  of  Mexico,  having  explored  the  neighboring  coun- 
tries, in  search  of  rich  nations  to  plunder,  turned  his  attention  to  the 
north  and  northwest.  At  the  comniencenient  of  the  sixteenth  century, 
the  most  northern  settlements  of  the  Spaniards  in  North  America,  were 
Culiacan,  a  small  establishment  on  the  eastern  side  of  the  Gulf  of  Cali- 
fornia, in  about  twenty-five  degrees  north  latitude,  and  Panuco,  situated 
near  the  spot  now  occupied  by  Tampico,  on  the  Mexican  Gulf. 

Of  this  expedition,  made  under  the  direction  and  orders  of  Cortez, 
little  authentic  is  known.  In  1532,  Diego  Ilurtado  de  Mondoza,  a  rela- 
tion of  Cortez,  srilrd  from  Acapulco  in  a  small  ship,  accompanied  by  Juan 
de  Mazucla,  in  connnaud  of  another  vessel.  They  proceeded  along  the 
sou  ihwest  coast  of  Mexico,  as  far  as  the  twenty-seventh  degree  of 
north  latitude.  Here  a  tempest  separated  them,  and  the  vessel  com- 
manded by  Mendoza  was  lost.  After  the  storm  abated,  Mazuela  was 
obliged  to  return  to  the  river  Culiacan,  where  the  greater  part  of  his 
crew  deserted.  Those  who  roinainixl  endeavoring  to  bring  the  ship  back  to 
Acapulco,  ran  ashore  in  iho  province  of  .lulisco.  Th(>re  the  crew,  ex- 
cepting three,  were  murdered  by  the  savages;  and  subsequently  the  ves- 
sel was  rifled  by  Nuno  de  Guzman,  the  chief  of  a  band  of  advnnturers 
who  pretended  to  be  independent  of  Cortez.  The  next  year,  as  no  news 
of  these  vessels  had  reached  Acapulco,  Cortez  sent  out  (wo  others  in  the 
same  direction,  under  flernando  de  Grijalva  and  Diego  de  Becerra,  who 
set  sail  from  Tehuantepee  in  October,  1.533. 

Grijalva,  separuting  from  his  cor.ipanions,  sailed  to  the  west\Mird,  and 
having  -Jiscovered  a  group  of  small  islands  about  one  hundred  and  fifty 
miles  from  the  main  land,  (now  known  as  tlie  Revillagigedo  islands,)  he 
returned  to  Mexico  witiiout  making  any  further  discovery.     Becerra  also 


-J 


8 


DISCOVERY   OF  OREGON 


sailed  to  the  westward  from  Tcliuaiuopcc — discovered  land  under  the 
tropic  of  Cuncer,  and  anehored  in  a  small  hay,  where  his  men,  havinji  oh- 
tained  some  valuahl(!  pearls,  wore  desirous  of  renuiinini;  for  a  time.  This, 
Tlecerra  would  noi  [icrmit  ;  aii<I  while  iirc|)arinif  to  cintinue  his  voyaf]je, 
H  mutiny  hrokc  out  and  ho  was  munlorcd.  Tiioijilnt,  Fortunio  Ximents, 
then  look  coimnand  of  the  vossol.  Afl'-r  the  death  of  their  c  mmander, 
the  mutineers  landed,  and  hojxan  to  erect  habitations  on  the  shore  of  the 
bay  ;  aful  while  thus  en^a^ed,  were  surprised  by  the  savaj^es,  and  nearly 
all  of  them  killed.  Tiio  few  who  made  their  escape,  succeeded  in  navi- 
gatinfj  the  vessel  to  the  port  of  Chiametla,  on  llie  coast  of  Jalisco,  where 
she  was  also  seized  by  Muno  do  Ciuzman. 

When  Cortez  hoard  of  thos(>  sj)oliations  and  seizures,  lio  inmi»>diately 
instituted  a  suit  a<;ainst  Guzman,  in  the  royal  court  of  Madrid,  and  ob- 
tained a  decree  in  his  favor,  (tuzman  refused,  however,  to  make  any 
restitution  ;  and  Cortez  collecting  a  body  of  troops,  marched  to  Chia- 
metla, in  order  to  recover  his  vessels,  and  reostablish  his  authority  in 
that  country.  On  his  approach  (Juzman  fled,  and  Cortez  bein^f  joined 
by  three  vessels  that  had  been  sent  pursuant  to  his  orders,  determined  to 
proceed,  in  person,  to  the  country  discovered  by  Belcerra,  in  the  west, 
wJiich  was  said  to  be  exceedingly  rich  in  pearls  and  precious  stones. 

Embarking  with  his  forces  therefore  at  Cheametla,  he  reached  the  bay 
where  Becerra  had  been  nnirderod  on  the  third  of  May,  and  in  honor  of 
the  day,  whicli  in  the  Roman  calendar  was  the  feast  of  the  finding  of 
the  Holy  Cross,  he  named  the  bay  and  the  country  Santa  Cruz  ;  and  ta- 
king possession  of  it  in  the  name  of  Spain,  he  immediately  commenced 
preparations  for  establishing  a  colony. 

On  his  returji  to  Mexico,  the  following  year,  he  learned  that  during  his 
absence,  he  had  been  superseded  in  the  government  by  Don  Antonio  de 
Mendoza  Still  •■ossessing  the  right,  however,  as  admiral  of  the  South 
Sea,  to  prepare  and  dispatch  vessels  on  the  Pacific,  he  dotermined  to  en- 
gage in  another  expedition  to  the  north,  in  hopes  of  retrieving  his  for- 
tunes.  Therefore,  recalling  the  colonists  from  Santa  Cruz,  he  fitted  out 
three  shijis  foi'  tiie  expedition,  and  gave  the  command  of  them  to  Fran- 
cisco de  Ulloa.  This  cxpeditioji  was  the  last  made  by  the  authority  of 
Cortez. 

Ulloa  left  Acapulco  in  July,  lo39,  and  after  losing  one  of  his  ships  in 
a  storm,  sailod  with  the  otiiers  to  the  harbor  of  Santa  Cruz;  having 
explored  the  Gulf  of  California,  and  sailed  round  Cape  San  Lucas,  he 
i>roceoded  on  the  western  coast  as  far  as  latiluile  30°  north. 

In  l.')37.  a  band  of  Spanish  adventurers,  under  Panfilo  Navarez,  landed 
in  Florida,  in  search  of  gold  or  of  rich  nations  to  plunder.  This  i)arty 
were  soon  nearly  all  destroyed  by  the  savages.  The  survivors,  three 
Spaniards  and  a  negro,  after  niiio  years"  wanderings  in  the  southern  part 
of  North  America,  rer.ched  Culiacan,  near  the  Gulf  of  California,  in 
15.30.  The  accounts  they  gave  of  rich  nations,  who,  as  they  had  been 
told  by  the  savages,  lived  farther  to  the  north,  stimulated  Mendoza.  the 
successor  of  Cortez,  to  new  exertions,     lie,  therefore,  sent  two  friars, 


Marcoi 
tain  tJK 
.sent  ab 
Mendo> 
stonos, 
7iorth  la 
de.scrib( 
provinc 
and  coi 
gold  an 
])ad  its  I 
session  I 
their  inl 
ries,  cor 
Gallicia 
started  ( 
were  sa 
forces,  t 
the  west 
Alarcon 
north  war 
ered  a  hi 
he  proce 
side  ricl 
told  by  1 
was  abo 
fearing 
descend 
Coronl 
two  frial 
readily 
was  at  l| 
scattere 
people 
and  a  fel 
stones, 
fabulou.'l 
scribed 
in  his  w 
a  corre( 
had  heel 
with  thd 
On  n 
same  ai| 
said,  lai 
and  aft( 
and  th( 


DISCOVERY    OF   ORECJON. 


9 


'^avarez,  landed 
or.  This  party 
survivors,  tliree 
le  southern  part 
f  California,  in 
they  liad  been 
d  Mendoza,  the 
sent  two  friars, 


id   under  the 

■M.  having  f"''- 

!i  tinif.  This, 

r  Ids  voyage, 

mio  Xiuiencs, 

c  luinander, 

shore  of  the 

's,  and  nearly 

•eded  in  navi- 

alisco,  where 

■  iinnuMliateiy 
adrid,  and  ob- 
to  make  any 
rched  to  Chia- 
>  authority  in 
z  beiiiLT  joined 
determined  to 
a,  in  the  west,  \ 
)us  stones.  j 

Bached  the  bay 
nd  in  honor  of 
the  finding  of      ; 
Cruz ;  and  ta- 
ly  commenced     \ 

that  during  his  * 
)on  Antonio  de  \ 
al  of  the  SoKth  I 
termined  to  en-  | 
■ieving  his  for-  I 
iz,  he  fitted  out  \ 
them  to  Fran- 
he  authority  of  f 

'i 
!  of  his  ships  in    i 

,  Cruz  ;  having    t 

San  Lucas,  he   > 


Marcos  dc  Niza  and  Honorato,  with  the  negro  above  mentioned,  tn  ascer- 
tain the  truth  of  thf'-;(^  reports.  They  set  out  in  ir)3l).  After  being  ab. 
sent  about  a  year,  the  two  friars  returned;  and  in  the  report  made  to 
Mendoza  by  Marcos  dc  Niza,  countries  ai)ounding  in  gold  and  precious 
stones,  were  described  as  h/ing  to  thr  northwest,  beyond  the  iiS/A  degree  of 
north  latitude.  The  situation  and  extent  of  these  countries  were  fully 
described,  and  more  than  all,  a  great  city  called  Cibola,  the  capital  of  a 
province  of  that  name,  was  represented  as  being  peculiarly  magnificent, 
and  cojitaining  more  than  twenty  thousand  stone  houses,  adorned  with 
gold  and  jewels.  Of  course,  such  an  account  related  by  an  eye-witness, 
had  its  effect  upon  Menrloza  ;  and  he  immediately  prepared  to  take  pos- 
session of  these  valuable  regions  in  behalf  of  his  sovereign,  and  convert 
their  inhal)itants  to  ?he  Catholic  faith.  A  body  of  soldiers  and  missiona- 
ries, conniianded  by  Don  Francisco  de  Coronado,  the  governor  of  New 
Gallicia,  the  country  directly  north  of  Mexico,  were  soon  collected,  and 
started  on  the  route  described  by  the  friar  Marcos.  These  new  countries 
were  said  to  be  near  the  soa-coast ;  and  in  order  to  support  these  land 
forces,  therefore,  a  small  squadron,  laden  with  supplies,  was  sent  along 
the  western  coast  toward  the  north,  under  the  command  of  Fernando  de 
Alarcon.  The  fleet  left  Santiago  on  the  western  coast  of  Mexico,  and  sailed 
northward  to  the  extremity  of  the  Gulf  of  California,  where  Alarcon  discov- 
ered a  broad  and  rapid  river.  Embarking  with  a  part  of  his  creio  in  boats, 
he  proceeded  up  the  stream  250  miles.  He  found  the  country  on  either 
side  rich  and  thickly  settled,  though  occupied  only  by  savages.  He  was 
told  by  the  natives,  in  answer  to  his  inquiries  respecting  Cibola,  that  it 
was  about  ten  days'  journey  in  the  interior-  He  desired  to  visit  it ;  but 
fearing  that  he  would  be  cut  oif  if  he  went  farther  into  the  country,  he 
descended  to  his  ships,  and  returned  to  Mexico  before  the  end  of  the  year. 

Coronado,  with  his  land  forces,  followed  the  route  pointed  out  by  the 
two  friars.  The  forests  and  deserts  described  in  the  narrative,  were 
readily  found.  A  country  called  Cibola,  situated  as  Marcos  had  stated, 
was  at  last  reached.  But  instead  of  magnificent  cities,  they  saw  a  few 
scattered  villages  ;  their  land  of  promise  they  found  half  cultivated,  by  a 
people  half  civilized,  with  a  little  gold  and  silver,  supposed  to  bo  good, 
and  a  few  turquoises;  being  their  only  wealth  in  the  precious  metals  and 
stones.  The  letter  written  to  the  viceroy  by  the  friar  Marcos,  with  its 
fabulous  history  of  Cibola,  its  wealth  and  its  magnificent  cities,  had  de- 
scribed not  what  the  writer  saw,  but  what  he  had  heard  from  the  Indians 
in  his  wanderings  among  them.  Tradition  had  been  their  historian,  and 
a  correct  one  no  doubt ;  for  within  a  few  years  the  ruins  of  a  great  city 
had  been  discovered  on  the  Colorado,  corresponding  in  size  and  position 
with  that  spoken  of  by  the  friar  Marcos  do  Niza. 

On  making  inquiries  of  the  natives  relative  to  the  rich  countries,  the 
same  answer  was  given  by  the  natives  of  Cibola.  Rich  countries,  they 
said,  lay  farther  to  the  north.  Thitherward  Coronado  directed  his  steps, 
and  after  wandering  two  years  through  the  region  between  the  Pacific 
and  the  Rocky  Mountains,  subsisting  chiefly  on  the  flesh  of  the  buflalo, 


19 


DISCOVERY  OF  ORR<JON 


he  -ftturnoiJ  to  iMoxico  in  1542.  A  amulrif  callrii  hy  the  Spaniard* 
Qi/.in/ni.  near  tin'  l*arifir.  ami  under  the  Mh  degrie  of  north  /ntiludc,  V)ax 
/'     'imit  of  their  eTphrntians  to  the  north. 

Before  the  return  of  Coroiiado  from  tliis  (expedition,  the  viceroy  had 
'•  -pared  another  na\al  armament,  wliioh  was  to  proceed  in  the  same 
direction  from  one  of  the  port.s  of  tlie  Pacific.  It  was  to  he  connnamied 
hy  Pedro  ch'  Alvarado.  On  the  eve  of  its  departure  an  insurrection  tixjk 
place  arnon*;  the  fnchans  in  the  province  of  Jali.scc).  The  forcrs  collected 
were  all  re(|uired  to  restore  ord(!r,  and  rrcstahlish  tlie  Spanish  authority. 
In  the  course  of  the  campaij^n,  Alvarado  was  killed,  and  Mendoza  did 
not,  theref()re,  send  oil'  his  expedition  to  the  northwest  until  the  following 
year. 

In  1542,  .luan  Rodrif»ue/  de  Cahrillo  was  placed  in  conmiand  of  two 
of  the  vessels  that  had  heen  pn^parcd  for  the  expedition  of  Alvarado. 
He  set  sail  from  Navidad,  in  .luliseo,  and  after  u  short  passajfe,  reached 
Santa  Cruz.  From  Santa  Cruz  he  saihul  round  Cape  San  Lucas,  and 
proceeded  up  that  part  of  the  coast  of  California  which  had,  two  years 
hefore,  been  discovcM'ed  l)y  Fianeisco  de  Ulloa  ;  and  hy  the  iniddlc  of 
November  had  adiuinced  as  far  north  a\  the  4()//t  dei^rce  of  north  latitude. 
He  was  tiicn  driven  hack  to  a  harhor.  which  he  had  helbre  eiUered,  and 
named  Port  Possession,  supposed  to  he  in  the  small  island  of  San  Ber- 
nardo, in  latitude  thirty-four.  Cahrillo  sunk  under  the  fatij^ues  to  which 
he  had  heen  suhjecfed,  and  left  tlie  ships  under  the  conunaiul  of  the  pilot 
Bartolome  Ferrez,  or  Ferrelo. 

F'errelo  determined  to  attain  some  of  the  ohjects  of  the  expedition  hefore 
his  return  to  iMexico.  He  set  sail  from  Port  Possession,  and  after  having 
been  driven  l)ack  several  times,  on  the  1st  of  March,  found  himself  in 
the  44//i  decree  north  latitude.  Want  of  provisions  made  him  resolve  to 
abandon  the  attenipt  to  proceed  farther  north,  and  he  thcreibre  returned 
to  Navidad  in  April,  l.")43.  The  most  northern  point  on  tlu^  American 
coast,  seen  by  the  Spaniards  in  this  ex()edition,  accor(lin<r  to  Navar<>tte, 
who  examined  the  journals  and  papers  relatinir  to  the  voyaj^e,  which  are 
still  preserved  in  the  arcliives  of  the  Indies,  was  tlu^  i:ird  dc^^ref.  of  north 
latitude,  which  he  considered  the  northern  limit  of  the  discoveries  of  Ca- 
hrillo and  Ferrelo. 

In  the  meantime,  Hernando  de  Soto  and  hi>  band  of  adventurers,  had 
been  traversin<i  the  southern  an  1  southwestern  parts  of  North  America. 
The  accounts  given  l>y  them,  and  by  Alvaro  Nunez,  and  Vas(jues  de 
Coronado,  of  the  northwest  coast,  ret)dered  it  absolutely  certain,  that 
neitlier  wealthy  nations,  nor  navigable  passages  between  the  Atlantic 
and  Pacific  Oceans,  were  to  be  found  north  of  Mexico,  unless  beyond 
the  4.3rd  degree  of  north  latitude.  The  enthusiasm  for  disvovery  now 
ceased  for  a  time,  and  nearly  half  a  century  elapsed  before  it  was  again 
awakened. 

It  had  been  the  settled  policy  of  Old  Spain,  from  the  day  she  first  ob- 
tained  foothold  in  South  America,  to  prevent  foreigners  from  establishing 
themselves  ui  any  part  of  the  territories  claimed  by  hor,  as  prior  discov- 


erer.     Sb 

of  the  Ne 

arlmiral  o 

Spain,  on 

with  Indi; 

whieh  mi; 

long  tiiMf 

off  their 

rijiht  to  in 

trading  w 

the  South 

thereupoi 

commenc 

aged  by  t 

Continent 

days  iree 

and  laid 

dangers  n 

for  a  tini 

1577,  iio 

England 

armed   a 

Egypt,  b 

the  donii 

in  the  At 

eastern  t 

ducted  Si 

mediated 

left  with 

mence  c 

America 

ceeded  i 

cruisers 

Good  II. 

plunderc 

to  his  a 

howevei 

great  di 

had  of  I 

coast  an 

along  tl 

tered  or 

This  hu 

Francis 

grees  ol 

how  fai 

ascertai 


If    Spaniard* 
latitude,  v)a,t 

vicoroy  had 
ill   the  same 

(.'oiniiiuiKied 
irrcctiou  twjk 
•c'(  s  {collected 
sli  authority. 
Mciidoza  did 
fh(>  following 

niaiid  of  two 
of  Alvaratlo. 
iaifc,  icauhed 
n  Lucas,  and 
(i,  two  years 
'hr  middle,  of 
lorlli  latitude. 
entered,  and 
of  San  Ber- 
(ut's  to  which 
d  of  the  pilot 

edition  before 
I  lifter  having 
id  himself  in 
ini  resolve  to 
tore  returned 
he  American 
to  Navarette, 
^e,  whieh  are 
'tfri'c.  of  north 
ivories  of  Ca- 

cnturcrs,  had 

nil  America. 

1  Vas(juos  de 

certain,  that 

the  Atlantic 

niess  beyond 

isvovery  now 

it  was  aj^ain 

she  first  ob- 

I  establishing 

prior  discov- 


DISrOVKRY    nV   ORKCON 


11 


prer.     She  also  held  the  exclusivo  ri<,'ht  to  navirrate  the  s,  as  in  the  vicMnity 
of  the  Now  World  ;  and  f»ne  of  the  titles  of  iho  vic^eroy  of  New  Spain  was, 
admiral  of  the  South  Si-a.      In   H!>1,  Pope  Alexander  Vj.  had  <Tranted  to 
Spain,  on  condition  that   she  should   make  no  attempts  to  communicate 
with  India  by  the  Kastern  rout»^s,  the  excdusive  ri«iht  t(»  all  other  routes 
whieh  miuht  be  disenvf^red  in  the  Western  World.     This  ri^ht  was  for  a 
lon^  time  eoneeded  to  them.      WIkmi,  however,  the   I'jpirlish   had  thrown 
oir  their  allegiance  to  the   pope  of  Rome,  they  demanded  of  S|)ain    the 
right  to  occupy  portions  ai'  America  not  already  settled,  the  privilege  of 
tradinif  with  such  as  were  colonized,  and   also  the   liberty  of  navigating 
the  South  Sea.      To  these  requests,  of  course,  Spain  did  not  accede  ;  and 
thereupon  a  system  of  piratical  warfare  against   Spain  was  immediately 
commenced,  which,  if  not  opiMily  sanctioned,  was  at  least  secretly  encour- 
aged by  the  hiUglisli  (rovernment;  and  the  seas  on  the  eastern  side  of  the 
Continent,  were  soon  visited  by  a  fleet  of  lOnglish  privateers,  caller)  in  those 
days  freebooters,  or  free-traders,  who  plundered  the  ships  of  the  Spaniards, 
and  laid  under  contribution  their  defenceless  towns  on  the  coast.     The 
dangers  of  a  passage  through  the  .stormy  Straits  of  Magellan  deterred  them, 
for  a  time,  from  att(Miipting  anything  in  the  Pacific  Ocean.      In  the  year 
l')??,  however,  a  small   (1*m'1  oi'  five   vessels  was  fitted  out  in  Plymouth, 
England,  under   the   command  of  Francis   Drake.     These   vessels  were 
armed   and    e(iuipped   l)y   private  individuals,  ostensibly  for  a  voyage  to 
Egypt,  but  ill  reality,  they  were  bound  on  a  privateering  expedition  against 
the  dominions,  subjects,  and  ships  of  Spain.     After  some  months'  cruise 
in  the  Atlantic,  without  taking  any  priz(>  of  value,  Drake  put  in  on  the 
eastern  coast  of  Patauonia.  and  refitted  his  shijis.     Thn-e  of  them  he  con- 
ducted safely  through  the  Straits  of  MajfoUan  into  th(!  Pacific.      But  im- 
mediately afterward  a  storm  dispersed  the  little  squadron,  and  Drak(^  was 
left  with  sixty  men  in  a  schooner  of  one  hundred  tons  burthen,  to  com- 
mence operations   against   the  Spaniards  on  the  western  coast  of  North 
America.     RiMiiaiiiing   in    the  South  Pacific   about  nine  months,  he  suc- 
ceeded in  making  a  number  of  valuable  prizes  ;   and  fearing  the  Spanish 
cruisers  in  search  of  him.  lie  determined  to  return  hi^ne  by  the  Cape  of 
Good  Hope.      On  the  loth  April,  he  left  (Juatulco,  the  last  place  he  had 
plundered,  and  sailed  toward  the  north.     On  the  '2nd  of  .lune.  according 
to  his   accounts,  ii(>    had    reached    the   latitude  of  4'2°  north.      The   cold, 
however.  (Ii(>  relates)  had   become  so  inten.se,  that  the  sailors  could  with 
great  difficulty  handle  the  ropes.     This  extreme  cold,  and  the  desire  he 
had  of  repairing  his  vessel,  inducf^l    him  to  turn   back.     He   made  the 
coast  and  anchored  near  it ;   but  finding  the  anchoraire  insecure,  he  coasted 
J        along  the  shore  until  he  finiiid  a  safe   commodinus  harbor.     This  ho  en- 
tered on  the    I7th  of  .lune,  and    remained  there  until   the   'iBrd  of  July. 
This  harbor,  according  to  English  statenu'iits,  was  either  the  Bay  of  San 
Francisco,  or  the  Port  of  Bodega,  situatc'd  between  the  38th  and  89th  de- 
grees of  north  latitude.      What  part  of  the  coast  was  seen  by  Drake,  and 
how  far  north  he  reached,  it  is  impossible,  from  any  data  left  by  him,  to 
ascertain  with  the  least  degree  of  certainty.     Some  writers  give  the  ex- 


t 


!1 


M 


12 


DISCOVERY   OF  OREGO^. 


treme  north  latitude  of  his  voyage  as  43°  ;  others  48°  north.  In  an- 
other part  of  this  work,  where  the  English  claims  to  the  sovereignty  ol' 
Oregon  are  exann'ned,  we  will  endeavor  to  shosv  that  it  was  impossihle 
for  hi  n  to  have  reached  48°  north  ;  or  rather,  that  he  never  saw  that  part 
cf  the  coast  at  all.  On  the  23rd  of  July,  Drake  states  that  he  left  the  port 
in  latitude  33°,  where  he  had  repaired  his  ship,  and  sailing  across  the 
Pacific,  doubled  the  Cape  of  Good  Hope,  and  returned  to  England,  arri- 
ving  at  Plymouth  on  the  26th  of  September,  1580. 

In  1592  Juan  de  Fuci,  a  Greek  by  birth,  but  in  the  sttvice  of  Spain, 
discovered  and  sailed  through  the  straits  in  latitude  48^  north,  which  now 
'  3ars  his  name.  Though  little  credit,  at  that  time,  was  given  to  his  state- 
ments, subsequent  discoveries  proved  the  accuracy  of  his  assertions. 

About  the  close  of  the  16th  century,  reports  were  current  in  Spain  as 
to  the  existence  of  a  northern  water  passage  between  the  Atlantic  and 
the  Pacific.  The  Spanish  government  therefore  gave  orders  to  ascertain, 
if  possible,  the  truth  o.  these  i-iiorts.  Accordingly  in  the  spring  of  1595, 
the  viceroy  of  Mexico  fitted  out  three  vessels  at  Acapulco,  and  gave  the 
command  of  then  to  Sebastian  Vizcayno.  He  did  not,  however,  proceed 
beyond  the  Gulf  of  California,  and  returned  to  Mexico  before  the  end  of 
the  year.  About  two  years  afterward,  another  expedition  was  made  on 
a  grander  scale  than  the  last.  In  May,  1602,  lico  large  ships  and  a  small 
one,  all  under  command  of  Vizcayno,  sailed  from  Acapulco.  After  pro- 
ceeding as  far  as  32°  north,  a  good  harbor  was  found,  and  named  San 
Diego.  Five  degrees  farther  north  another  was  discovered,  to  which  was 
given  the  name  of  Monterey.  From  this  port  Vizcayno  sailed  as  far  as 
42°  or  43°  north,  and  returned  to  Acapulco  on  the  21st  of  March,  1604, 
having  done  nothing  more  than  survey  and  take  formal  possession  of  what 
h '.d  been  discovered  by  Cabrillo  and  Ferrelo  sixty  years  before.  This 
expedition  was  the  last  one  undertaken  by  the  Spaniards  for  more  than  a 
century  and  a  half.  In  the  year  1769,  a  party  of  emigrants,  under  Por- 
tola  and  Rivera,  proceeded  by  land  from  La  Paz,  on  the  eastern  coast  of 
California,  to  San  Diego  and  Monterey.  This  party  established  the  first 
settifci.ients  in  that  part  of  the  country.  A  number  of  other  establishments 
called  missions,  wei'e  afterward  formed  in  northwest  California,  the  most 
northern  of  which  was  one  on  the  Bay  of  San  Francisco,  made  in  1776. 

In  1774,  the  Aiceroy  of  Mexico  dispatched  a  vessel,  under  the  com- 
mand of  Juan  Perez,  to  explore  the  coast  beyond  43°  north.  He  was 
directed  to  proceed  to  00°  north,  and  examine  the  coasts,  to  Monterey.  In 
compliance  with  these  orders,  Perez  advanced  as  far  as  34°  N.  He  ex- 
amined the  coast,  down  to  49°,  when  he  discovered  a  large  bay,  to  lohich  he 
gave  !he  name  of  San  Lorenzo.  There  he  remained  some  time,  trading 
with  the  natives.  This  hay  is  the  o.ie  to  ivhich  Captain  Cook  afterward 
gave  the  name  of  King  George's  Sound,  and  leluch  is  noiv  known  as  Nootka 
Sound.  In  1775,  a  second  expedition  was  determined  on  by  the  viceroy 
of  Mexico.  The  Santiago  was  commanded  by  Bruno  Heceta,  Perez  going 
in  her  as  ensign.  She  was  accompanied  by  a  small  schooner  of  thirty 
tons,  Ai     nio  Maurelle  being  the  p=iot.     Heceta  set  sail  in  March,  from 


DISCOVERY   OF    OREGON. 


13 


lorth.  In  an- 
sovcrcignty  of 
vas  impossible 
r  saw  that  part 
le  left  the  port 
iig  across  the 
England,  arri- 

vice  of  Spain, 
rth.  which  now 
^en  to  his  state- 
issertions. 
nt  in  Spain  as 
2  Atlantic  and 
rs  to  ascertain, 
3pring  of  1595, 
I,  and  gave  the 
vever,  proceed 
fore  the  end  of 
1  was  made  on 
ips  and  a  small 
o.  After  pro- 
fid  named  San 
J,  to  which  was 
sailed  as  far  as 
"  March,  1604, 
session  of  what 
1  before.  This 
or  more  than  a 
nts,  under  Por- 
■astern  coast  of 
ilished  the  first 
establishments 
brnia,  the  most 
made  in  1776. 
mder  the  com- 
orth.  He  was 
Monterey.  In 
4°  N.  He  ex- 
)ay,  to  ivhich  he 
e  time,  trading 
^ook  afterward 
lou'ii  as  Nootka 
by  the  viceroy 
ta,  Perez  going 
looner  of  thirty 
n  March,  from 


San  Bias,  and  on  the  10th  of  June  cast  anchor  in  a  small  cove,  lying  a 
little  north  of  Cape  Mendocino,  in  latitude  41°  north.  He  remained  here 
nine  days,  refitting  his  vessels.  He  called  the  port,  Trinidad ;  and  after 
erecting  a  cross  near  the  shore,  with  an  inscription,  he  set  sail  for  the  north, 
reaching  the  latitude  in  which  Juan  de  Fuca  was  supposed  to  have  dis- 
covered the  strait  leading  eastwo'l,  through  the  Continent.  Contrary 
winds  drove  him  southward,  to  wit. .in  eighty  miles  of  the  Columbia  River, 
where  he  anchored  between  the  Continent  and  a  small  island.  Here, 
several  of  the  crew  of  one  of  his  vessels  were  murdered  bv  the  savajjes, 
and  the  vessel  itself  with  difficulty  was  saved  from  falling  into  their  hands. 
In  consequence  of  this  misfortune,  the  island  was  called  Isla  de  Dolores, 
(Island  of  Grief) 

On  the  lAth  of  August,  1775,  Heceta  discovered  a  promontory,  tohich  he 
called  Cape  Sa7i  Roqtie,  and  immediately  south  of  it.  in  latitude  46°,  an 
OPENING  in  the  land,  tohich  loas  cither  a  harbor  or  the  mouth  of  a  River, 
This  opening,  represented  in  Spanish  charts  by  the  names  of  Entrada  de 
Heceta,  Entrada  de  Ascencion,  and  Rio  de  San  Roque,  was  undoubtedly 
the  mouth  oj  the  Columbia  River,  which  was  thus  discovered  by  the  Span- 
iards. 

Maurelle,  in  the  other  vessel,  continued  on  to  the  northward,  and  in  lati- 
tude 57°  north,  saw  the  land.  Here  a  lofty  mountain,  in  the  shape  of  a 
beautiful  cone,  was  discovered,  and  called  by  them  San  Jacinto,  ance  named 
Mount  Edgecomb.  Near  it,  two  bays  were  discovered,  one  north  and  the 
other  south  of  the  mountain.  The  first  was  named  Port  Remedies,  and 
the  latter.  Port  Guadaloupe.  Here  Maurelle  landed,  and  took  possession  of 
(he  country  in  the  name  of  his  sovereign.  After  sailing  as  liigh  as  58°  north, 
owing  to  the  sickly  state  of  the  crew,  he  commenced  his  return,  search- 
ing, as  he  went  for  the  Rio  de  Los  Reyes,  a  passage  which  was  supposed 
to  lead  into  the  Atlantic.  In  the  course  of  the  search,  a  bay  was  found, 
affording  a  most  excellent  harbor,  which  was  called  Port  Bucareli.  On 
the  19th  of  September,  he  reached  the  Isla  de  Dolores.  Thence  Maurelle 
continued,  some  distance  from  the  land,  past  the  mouth  of  the  Columbia 
River.  A  little  south  of  this  the  great  stream  was  sought,  which  was 
said  to  have  been  discovered  by  Aguilar,  in  1603.  He  commenced  his 
examination  near  a  promontory,  in  shape  like  a  table,  which  was  called 
Cape  Mesari,  situated  in  latitude  45°  30'  north,  and  continued  it  to  Cape 
Mendocino.  He  then  made  for  Francisco ;  and,  while  seeking  that  port, 
discove'.ed  a  smaller  bay,  which  he  named  Bodega.  He  arrived  in  Mon- 
terey on  the  7th  of  October. 

From  1776  to  1778,  vessels  under  liie  English,  Portuguese,  and  the 
Austrian  flags,  were  engaged  in  the  fur  trade  on  the  northwest  coast  of 
America.  But  none  of  them  did  anvthinij  more  than  to  follow  on  the 
track  of  the  previous  explorations  of  the  Spaniards. 

About  this  time  the  reports  of  various  navigators  began  to  be  credited, 
that  a  water  communication  really  existed  between  the  Atlantic  and  the 
Pacific  Oceans.  In  order  to  settle  this  question,  England  sent  out  two 
ships,  the  Resolution,  Captain  Cook,  who  had  ciiarge  of  the  expedition, 


rfe 


14 


DISCOVERY    OF   OREGON. 


.»     ' 


and  the  Discovery,  Captain  Clarke.  They  loft  Plymouth,  July,  1776. 
but  did  not  reach  the  northwest  coast  until  March,  '78,  when  they  made 
the  land  a  degree  or  two  north  of  Cape  Mendocino,  The  coast  was  care- 
fully examined  northward  in  search  of  a  strait  to  reach  the  Atlantic,  till 
the  29th  of  March,  when  he  anchored  in  a  hay  called  Nootka  Sound. 
This  sound  is  the  same  as  San  Lorenzo,  discovered  by  Perez  four  years 
before.  Cook  next  saw  a  lofty  peak,  which  he  called  Mount  Edge- 
comb.  This  had  been  called  by  the  Spaniards,  San  Jacinto.  Two  days 
afterward  he  saw  two  isolated  mountains,  one  of  which  he  named  Mount 
Fairweather ;  the  other  was  known  as  Mount  St.  Elias,  described  in  the 
accounts  of  Beehring's  last  voyage.  Here,  the  coast  was  observed  to  trend 
to  the  westward,  instead  of  the  northward,  as  represented  in  the  liussian 
charts.  From  this  point.  Cook  commenced  his  survey  of  the  coast,  in 
hopes  of  finding  a  passage  round  the  northwestern  extremity  of  North 
America  into  the  sea,  said  to  have  been  discovered  by  Fcrne.  He  was, 
of  course,  unsuccessful,  and  returned  as  far  south  as  Owyhee,  where  he 
was  murdered.  In  the  following  summer,  Captain  Clerke,  upon  whom 
the  command  of  the  expedition  devolved  at  the  death  of  his  superior  officer, 
endeavored  to  effect  a  passage  to  the  Atlantic  through  the  Arctic  Sea. 
The  ice  prevented  his  ships  from  advancing  as  far  as  they  had  the  year 
before.  On  account  of  his  health,  he  returned  to  the  south  before  the  end 
of  the  wawn  season,  and  died  near  Petro  Pawlosk  on  the  '22m\  August. 
Captain  John  Gore  next  took  conunand,  and  the  ships  being  unfit  to  en- 
counter the  storms  of  an  icy  sea,  he  returned  to  England  by  the  way  of 
Canton,  and  arrived  in  the  Thames,  4th  of  Oetob(M-,  1781.  Cook,  and 
those  who  succeeded  him  in  conunand  of  the  expedition,  did  not  see  any 
part  of  the  coast  of  Oregon,  which  had  not  been  previously  discovered  by 
the  Spaniards.  Nootka  Sound  had  been  occupied  l)y  them,  four  years 
previously,  as  a  garrison.  He  even  relates  in  his  Journal,  that  he  found 
among  the  natives  there  weapons  of  iron,  ornaments  of  brass,  and  spoons 
of  Spanish  manufacture.  He  made  no  discoveries  between  latitudes  42° 
and  54"  40'  north. 

In  the  year  1776,  while  Captain  Clerke  was  making  the  second  attempt 
to  discover  the  northwest  passage,  the  Spaniards  sent  out  another  expe- 
dition, to  enlarge  their  discoveries  on  the  northwestern  coast.  Two 
vessels,  called  the  Princessa  and  F'avorita,  set  sail  from  San  Bias,  in 
February,  1779,  under  the  command  of  Ignacio  Arteaga,  and  Juan  Fran- 
cisco de  La  Bodega  y  Quadra.  This  Bodega  was  the  officer  who  had 
explored  the  Pacific  to  58°  north  in  177.5.  Antonio  Maurelle  again  was 
his  ensign,  from  whose  journal  the  following  information  is  derived. 

From  San  Bias  the  Spaniards  sailed  directly  for  Port  Bucarelli.  the 
bay  discovered  by  Bodega  and  Maurelle,  in  56°  north.  This  bay,  and 
the  neighboring  shores,  were  carefully  surveyed.  They  next  saw  Mount 
St.  Elias,  and  proceeded  thence  along  tbe  coast,  landing  and  trading  with 
the  natives,  in  the  beginning  of  Au<:ust,  tlioy  entered  a  large  gulf,  and 
remained  there  a  short  time;  returning  to  San  Bias  in  November  of  tlu 
same  year. 


When  t\ 

I  land,  that  i 

The  journE 

]  Admiralty. 

i  published, 

I  given  in  t'l 

I  prices  obla 

\  expeditiois 

I  United  Sta 

)  In  April,  1 

small   brig 

^  the  same  y 

j  North  Paci 

'  Captain  Pc 

i      The  mo 

I  great  alar 

]  Madrid,  th( 

I  of  1788,  tl 

^  Martinez, 

to  make  e: 

the  globe. 

During  th( 

^  the  Russia 

.;  the  scurvy 

Bias. 

Upon  th 

viceroy,  ol 

the  viceroj 

of  his  sov( 

■  his  vessel; 

1789,  and 

On  his  i 

\  Iphigenia, 

^  Meares  ;  i 

\  commande 

gaged  in  tl 

Martine: 

that  he   ha 

king  of  Sj 

I  a  small   is 

;  Friendly  ( 

command 

sion  of  tho 

and   made 

A.  bout  two 

]  had  been  I 

2nd  of  Jul 


DISCOVERY   OF   OREGON. 


15 


ith,  July,  1776. 
hen  they  made 
coast  was  care- 
ho  Atlantic,  till 
Nootka  Sound, 
erez  four  years 
[1  Mount  Edge- 
ito.  Two  days 
e  named  Mount 
escribed  in  the 
bserved  to  trend 

in  the  ilussian 
jf  the  coast,  in 
emity  of  North 
erne.  He  was, 
yhee,  where  he 
ke,  upon  whom 
superior  officer, 
the  Arctic  Sea. 
y  had  the  year 
h  before  the  end 
e  22nd  August, 
iing  unfit  to  en- 
I  by  the  way  of 
HI .  Cook,  and 
did  not  see  any 
y  discovered  by 

em,  four  years 
1,  that  he  found 

ass.  and  spoons 
jn  latitudes  42° 

second  attempt 

;  another  expe- 

T   coast.      Two 

n  San   Bias,  in 

and  Juan  Fran- 

)fTienr  who  had 

relle  again  was 

is  derived. 

t   Hucarelli,  the 

This  bay,  and 

lext  saw  Mount 

.11(1  trading  with 

argc  gulf,  and 

jvcrnber  of  ill 


When  the  vessels  that  had  been  commanded  by  Cook,  returned  to  Eng- 
land, that  nation  was  at  war  with  the  United  States,  France,  and  Spain. 
The  journals  of  the  voyage  were  placed  under  the  ch  arge  of  the  Board  of 
Admiralty,  and  were  not  given  to  the  world  until  1784,  when  they  were 
published,  with  charts,  tables,  maps,  illustrations,  etc.  The  accounts 
given  in  the  work,  of  the  furs  to  be  obtained  in  the  Pacific,  and  the  high 
prices  ol)'iained  for  them  in  China,  wus  the  cause  of  half-a-dozen  trading 
expeditio'is  being  made  to  that  coast  almost  .simultaneously,  from  the 
United  States,  from  various  parts  of  Europe,  and  from  the  East  Indies. 
In  April,  178.3,  James  Hanna,  an  Englishman,  set  sail  from  Canton  in  a 
small  brig,  and  arrived  in  Nootka  Sound  in  the  following  August.  In 
the  same  year,  a  mercantile  association  in  London,  sent  two  ships  to  the 
North  Pacific  ;  the  Queen  Charlotte,  Captain  Dixon,  and  the  King  George, 
Captain  Portlock,  who  arrived  in  Cook's  river,  July,  1786. 

The  movements  of  these  fur-traders  in  the  Pacific,  were  the  cause  of 
great  alarm  to  the  Spanish  government.  Tn  pursuance  of  orders  from 
Madrid,  therefore,  the  viceroy  of  Mexico  sent  from  San  Bias,  in  the  spring 
of  1788,  the  Princessa  and  tho  San  Carlos,  commanded  by  Estevan  Jose 
Martinez,  for  the  purpose  of  watching  the  foreigners,  who  had  thus  begun 
to  make  encroachments  upon  the  Spanish  possessions  in  that  quarter  of 
the  globe.  The  vessels  arrived  at  I'rince  William's  Sound  in  May. 
During  the  summer,  Martinez  visited  the  forts  and  factories  belonging  to 
the  Russian  trading  establishments,  when  his  crews  suffering  much  from 
the  scurvy,  he  returned,  and  sailed  back  bv  the  wav  of  Monterey  to  San 
Bias. 

Upon  the  return  of  Martinez  to  San  Bias,  he  made  his  report  to  the 
viceroy,  of  the  intention  of  Russia  to  occupy  Nootka.  Whereupon, 
the  viceroy  immediately  determined  to  take  possession  of  it  in  the  name 
of  his  sovereign  ;  and  Martinez  was  dispatched  thither  forthwith,  with 
his  vessels  well-armed  and  manned.  He  left  San  Bias  in  February, 
1789,  and  arrived  in  Nootka  the  0th  of  May. 

On  his  arrival,  he  found  there  two  Portuguese  vessels,  the  Felice  and 
Iphigenia,  under  the  direction  of  an  Englishman  by  the  name  of  John 
Meares  ;  and  two  American  vessels,  the  Washington  and  Columbia, 
commanded  by  Captains  Gray  and  Kendrick.  These  vessels  were  en- 
gaged in  the  fur  trade. 

Martinez   informed  the  officers  of  the    fphigenia  and  of  the  Columbia, 

that  he   had  come  to  take   possession  of  the  country  in   the  name  of  the 

king  of  Spain  ;  and  having  landed  his  artillery,  he  commenced  a  fort  on 

:  a  small   island,  at  the   entrance  of  the   upper  arm  of  the   sound,  called 

Friendly  Cove.     About  a  week  after,  the  San  Carlos  arrived,  under  the 

command  of  Lieut.  Haro  ;   and  the  day  following.  Martinez  took  posses- 

;  sion  of  the  Iphigenia,  transferred  her  men  and  papers  to  his  own  vessel, 

and   made  preparations   for  sending   her  and   her  consort  to  San    Bias. 

About  two  weeks  afterward  Martinez  released  the  Iphigenia;  and  as  she 

had  been  fully  equipped  for  sea  while  in  his  fiossession,  she  sailed  liu  the 

2nd  of  June  for  the  northern  coasts.     A  week  after  the  departure  of  the 


lil^l 


16 


DISCOVERY   OF  OREGON. 


Captain  f 

ago  lo  llu 

since  178 

Spaniards 

mined  to 

extremity 

and  name 

the  native 

ish  vessel.' 

month.     I 

In  April, 

Van  CO  live 

Nootka   b^ 


buildings  j 
1st  Article 
Escurial. 
the  mouth 
vent  his  cr 


Iphigenia,  the  Northwest  America,  a  small  vessel   built  on  the  coast  by 

the  crew  of  the  Iphigenia,  which  had  been  on  a  trading  voyage  to  the 

neighboring  coast,  returned  to  Nootka,  and  was  taken  possession  of  by 

Martinez. 

""On  the  16th  of  June,  1789,  the  Princess  Royal  arrived  at  Macao.     The 

King  George's  Sound  Company,  and  the  merchants  at  Macao,  who  had 

sent  out  Meares,  united  tlieir  interests,  and  the  Princess  Royal,  b  ^longing 

to  this  new  company,  was  sent  to  Nootka.     After  remaining  there  some 

days,  she  left  on  a  cruise.     As  she   was  going  out  of  the  harbor,  the 

Argonaut,  commanded  by  Captain  Colnett,  arrived  in  the  sound.     This 

vessel  was  also  owned  by  the  same  company,  and  her  captain  had  charge 

of  the  expedition.  When  Martinez  boarded  the  Argonaut,  he  was  informed 

by  Colnett  that  he  had  come  to  take   posoession  of  Nootka,    and  erect 

a    fort  under  the  British  flag.     Martinez  replied,  that  the   harbor   was 

already  occupied  by  the  forces  of  his  Catholic  majesty.     The  day  following 

he  seized  the  Argonaut ;  the  Princess  Royal  coming  a  few  days  after, 

was  also  taken  possession  of.     The  Argonaut  was  sent,  with  most  of  the 

prisoners,  to  San  Bias.     In  August,  the  crew  of  the  Northwest  America 

were  sent  off  in  the  Columbia,  under  Captain  Gray ;  Captain  Kendrick  |  t'lJs  latitud 

remained  on  the  coa.  t  with  the  Washington.    In  November  of  the  same  i  that  "  the 

year  Martinez  left  the  .sound,  and  sailed  with  all  his  vessels  for  Mexico  ;  i  barrier  agi 

in  December,  the  Columbia  reached  Macao  with  the  officers  and  the  crew  J  he  could  n( 

of  the  Northwest  America,  who  made  known  to  the  owners  of  the  Argo-  1  place  of  se 

naut  and  Princess  Royal  these  occurrences  at  Nootka.     They  immedi-  '^  Flattery  in 

ately  determined  to  apply  to  the  British  government  for  redress  ;  and  ^  standing  th 

Meares  was  dispatched  to  London  for  this  special  purpose,  carrying  with     ence  of  h 

him  various  depositions  and  papers  in  substantiation  of  his  claims  for  '_  extensive 

redress.     The  result  of  his  application  to  Parliament  will  be  found  in  ;      Captain 

another  part  of  this  volume.  '.  J'iver,  de 

With  regard  to  the  American  vessels,  the  following  is  a  brief  detail  of  i  May  he  su 
the  facts:  In  the  year  1787,  an  association  of  merchants  in  Boston  had  |a  week,  tra 
fitted  out  two  vessels,  the  Columbia  and  the  Washington,  for  the  north-  J  seen  by  H 
west  coast.  The  Columbia  was  commanded  by  Captain  Kendrick,  and  ^^  HSS  ; 
the  Washington  by  Captain  Gray.  They  were  furnished  with  letters  \^^^  waters 
from  the  Federal  government,  and  passports  from  the  State  of  Massa-  :^^ay,  and 
chusetts,  and  sailed  from  Boston  on  the  30th  of  September,  the  same  year,  trailed  the 
The  Washington  arrived  at  Nootka  on  the  3.7th  September,  1788.  The  ^vcr,  Cap 
Columbia  arrived  some  days  afterward,  and  both  vessels  remained  there  Jnver  he  na 
during  the  winter.  After  collecting  as  many  furs  as  they  could  obtain,  jVancouvor 
Captain  Gray  taking  command  of  the  Columbia,  proceeded  with  her  to  JJ^t  Nootka 
Canton,  and  in  the  autumn  of  1789  thence  to  Boston,  where  he  arrived  in  |r»ver  aetua 
1790.  In  1791  the  Columbia  returned  from  Boston  under  Captain  Gray,  jChalham  tc 
accompanied  by  the  brig  Hope,  commanded  by  Joseph  Ingraham,  the  ^l/'f^S  nt  an 
former  mate  of  the  Columbia.  Captain  Gray  reached  the  northwest  jNootka  a  f 
coast  in  May,  and  while  sailing  up  the  coast,  observed  an  op^^ning  in  the  rO"  l«'t  his 
latitude  of  46°  16',  from  which  a  current  issued  so  strong  as  to  prevent  jter  nea'ly 
his  entrance,  though  he  spent  nine  days  in  attempting  to  accomplish  it.  \ 


er 


DISCOVERY  OF  OREGON. 


17 


n  the  coast  by  1  Captain  Kcndrick,  who  had  commanded  the  Columbia  in  her  first  voy- 
T  voyage  to  the  |  age  to  the  Pacific,  had  remained  on  the  coast  with  the  sloop  Washington, 
Possession  of  by  j   s'"^^  '^'^^^-     ^"  August,  1791,  while  lying  at  Nootka  Sound,  fearing  the 

Spaniards  would  seize  his  vessel  if  he  attempted  to  go  to  sea,  he  deter- 
mined to  make  way  through  a  strait,  which  he  believed  existed  from  the 
extremity  of  the  iiarbor  northwestward,  into  the  Pacific.     He  succeeded 


it  Macao.     The 
lacao,  who  had  | 


Loval,  b.ilonging  \     ^"^  named  the  channel  Massachusetts  Sound.     This  passage,  called  by 


nine  there  some 
the  harbor,  the 
e  sound.  This 
tain  had  charge 
he  was  informed 
otka,  and  erect 
the  harbor  was 
le  day  following  | 
few  days  after, 
k'ith  most  of  the 
rthwest  America 


the  natives  A  basset,  is  not  laid  down  on  Vancouver's  maps.  Two  Span- 
ish vessels,  under  Malasina,  passed  through  it  the  latter  part  of  the  same 
month.     It  was  called  by  the  Spaniards,  the  passage  of  Buena  Esporanza. 

In  April,  1792,  Captain  Gray  fell  in  with  the  ship  Discovery,  Captain 
Vancouver.  The  Discovery  and  the  Chatham  had  been  sent  out  to 
Nootka  by  the  British  government,  to  take  possession  of  the  land  and 
buildings  at  Nootka,  to  be  surrendered  by  the  Spaniards  agreeably  to  the 

1st  Article  of  the  treaty  of  1790,  commonly  called  the  Convention  of  the 
Escurial.  Captain  Gray  informed  Vancouver,  that  he  had  discovered 
the  mouth  of  a  river  in  latitude  46°  IG',  which  set  out  so  strong  as  to  pre- 
vent his  entering  it  for  nine  days.     Vancouver,  in  his  journal,  speaks  of 


laptam  Kendrick  1  this  latitude  as  having  been  passed  by  him  two  days  before,  and  remarks 

iber  of  the  same  ,|  that  "  the  whole  coast   formed   one  compact,  solid,  and  nearly  straight 

sels  for  Mexico  ;  |  barrier  against  the  sea,"  and  thai  he  was  "  thoroughly  convinced  that 

ers  and  the  crew  I  he  could  not  possibly  have  passed  any  safe  navigable  opening,  harbor,  or 

ers  of  the  Argo-  I  place  of  security  for  shipping  on  the  coast  from  Cape  Mendocino  to  Cape 

Thev  immedi-  i  Flattery  in  latitude  48°,  nor  had  he  any  reason  to  alter  his  opinion,  notwith- 

br  redress  •  and  ■  standing  theoretical  geographers  had  thought  proper  to  assert  the  exist- 

e  carrvino"  with     cnce  of  large  inlets,  communicating  wiih   a  mediterranean   sea,  and 

if  his  claims  for  '  extensive  rivers  with  safe  and  convenient  ports." 

vill  be  found  in  '      Captain  Gray,  satisfied  that  he  had  discovered  the   mouth  of  a  great 

1  river,  determined,  if  possible,  to  enter  it  with  his  ship.     On  the  11th  of 

brief  detail  of  ^^^y  ^^'  succeeded,  and  sailed  up  about  twenty  miles,  where  he  remained 

ts  in  Boston  had  1^  week,  trading  with  the  natives.     This  opening  in  the  coast  had  been 

for  the  north-  -seen  by  Fleceta  in  1775,  and   the  coast  had  been  examined  by  Meares, 

in'  Kendrick   and  ^^  ITBS  ;  but  the  latter  left  it,  under  the  conviction  that  no  river  emptied 

shed  with  letters  i^^s  waters  into  the  ocean  in  that  bay.     He  called  it,  therefore.  Deception 

State  of  Massa-  W^Y^  ^"f^   the  cape  on  the  northern  side.  Capo  Disappointment.      Gray 

>'  the  same  year,  fcalied  the  extremity  of  the  land  on  the  south  side  of  the  entrance  of  the 

V  r   i'7R8.     The  Iriver,  Capo  Adams,  and  the  one  on  the  north  side.  Cape  Hancock.     The 

I    remained  there  friver  he  named  Columbia,  after  his  ship.     The  following  October  Captain 

hev  could  obtain,  fVancouver,  having  learned  from  Quadra,  the  Spanish  officer  in  comm     d 

ded  with  her  toj^t  Nootka,  to  whom  Gray  had  communicated  his  discoveries,  that  a  great 

e  he  arrived  in  F^ver  actually  existed  in  latitude  46°  16',  sent  Captain   Broughton  in  the 

1      Cantain  Gray/^^^^*^^^^^""  to  explore  it.     On  his  arrival  at  the  mouth  of  the'river,  he  found 

\    I  eraham   theUi/'^XA'  «^  anchor  there  the  brig  Jenny  from  Boston,  which   had  sailed  from 

^  1  the  northwest   Nootka  a  fow  days  previous.     Finding  the  channel  too  intricate,  Brough- 

•^nine  in  the   ton  left  his  vessel  at  the  mouth  of  the  river,  and  proceeded  up  in  his  cut- 

^"  °^    f^tvovpnt  ter  nearly  one  hundred  miles.     On  the   10th  November,  the  Chatham 
rong  as  to  pi  event;  j 

to  accomplish  it. 


18 


J>ISCOVKRY    OF   OREGON. 


quittpd  the  ('ohiinbia,  in  comi)aiiy  with  the  Joiiny,  and  sailed  for  the  bay 
of  San  Francisco,  wlicre  she  arrived  before  the  end  of  th^  month. 

In  the   meantime,   Nootka  had  again  been  occupied  by  the  Spaniards. 
Don  Francisco  Eliza  had  been  sent;1,from  Mexico  in  1700,  and  made  an 
un-successful  attempt  to  explore  the  Straits  of  P'uca,     In  1792,  the  Span- 
iards  had  endeavored  to  form  a  settlement  on  the  other  side  of  the  Straits  | 
ol'  Fuca.     This  place  they  soon  after  abandoned,  on  account  of  the  inse-  | 
curity  o(  the   anchoraije    and  the   dilliculty  of  obtaining  provisions.     In  | 
tiie  spring  of  17!)"J,  the  Spanish  authorities  sent  three  vessels,  the  corvette  ■ 
A.ran7.a/.a,  and  two  small  sloops,  the  Sutil  and   Mexicana.  from  Mexico, 
to  examine  certain  pavt.s  of  the  coast  that  had  not  been  visited  by  Malas. 
ina,  who  had  circumnavigated  the  globe  in  the  years  1791,  '9:2,  and  '9,*i 

This  expedition,  and  odiers  .sent  out  by  Spain,  explored  the  groups  c 
islands  and  main  land  lying  betwcen'Vancouver's  Island  and  latitude  5"v 
north. 

In  August.  179"J.  aftei  the  arrival  of  Vancouver  at  Nootka,  negotia  i 
tions  were  commenced  between  him  and  Quadra,  the  Spanish  military i 
governor  of  Nootka,  respecting  the  tran.-ifer  of  the  land,  tenements,  etc.  ■ 
claimed  by  Great  Britain.  They  were  unable  to  agree  upon  what  was  t 
be  re.stored,  according  to  the  ])rovisions  of  the  treaty,  and  the  matter  wa- 
\eh  in  statu  quo;  the  whole  afrair,^witli  what  additional  information  the\ 
could  obtain,  being  submitted  to  their  respective  governments.  It  may  b- 
well  here  to  remark,  that  it  was  never  after  even  acted  upon.  In  Octo. 
ber  following,  Vancouver  left  Nootka  for  the  southward.  Captain  Quadn 
departed  for  Monterey,  and  the  Columbia  and  brig  Hope  sailed  hom^  j 
ward,  via.  Canton.  Subsequently,  the  British  government  .sent  out  Ca;  | 
tain  Broughton,  the  late  commander  of  the  Chatham.  He  left  Prov 
dence  in  October.  1794  ;  and  in  April,  1796,  he  arrived  at  Nootka.  Bt 
the  Spaniards  had  left,  "  having  previously  delivered  up  tlie  port  of  Nootk 
to  Lieutenant  Pierce,"  who  had  been  dispatched  from  England  to  Nootka| 
by  the  way  of  ^*lexico.  This  account  is  given  by  Broughton,  in  hisjour| 
rial  of  his  voyage,  page  r)U.,'a,Belsham,  however,  says  in  his  History 
Great  Britain,  vol.  viii.,  page^337:  " //  is,  nevcrtlieless,  certain,  fm 
(lie  most  authentic  subsequent  information,  that  the  Spanish  fiag ,  jlijiiig  at  tl 
fort  and  settlement  of  Nootka,  was  never  struck  ;  and  that  the  xidiole  terr 
torij  has  been  virtual/ 1/  relinquished  by  Great  Britain." 

In  the  meantime,  while  the  surveys  and  explorations  of  the  coast  we: 
in  progress,  two  or  three  expeditions  were  undertaken  over  land.  T\ 
object  ;ii  view,  v.as  to  advance  the  interest  of  the  fur  companies. 

Alexander  Mackenzie,  a  Scotchman  in  the  employ  of  the  Northw 
Fur  Company,  left  their  westernmost  post,  at  Athabaska  Lake,  near  ti 
fifty-ninth  |)arallel  of  north  latitude,  and  about  eight  hundred  miles  br 
yond  Laki'  Superior.  He  proceeded  in  a  boat  down  the  Slax'e  Rix 
which  runs  out  of  the  lake  directly  northward,  and  descended  into  li. 
Great  Slave  Lake.  Thence  he  continued  northwestward  down  anothe- 
and  mucl)  larger  stream,  to  which  Jie  gave  his  own  name,  and  followed 


to  lis  Jerrni 
Chippcwyj 
In  Octol 
tying  into 
ally  called 
Crossing  tl 
the  Tacoot 
directly  W( 
30'  north. 
For  nea 
Great  Brit; 
to  the  settl 
January  \i 
recommen( 
An  underti 
result.    Til 
principal  b 
he  Pacific 
which  migl 
In  accor 
expedition 
the  Rocky 
command  1 
to  its  junct 
ocean.     T] 
side  of  the 
ersed  the 
part  of  the 
In  the  sprj 
ment  of  t 
post  on  the 
north  latiti 
In  1808, 
a  trading 

In  1810 
Mr.  Astor, 
March,  18 
mouth  of 
was  select 
the  project 
under  the 
Company, 
sion  ;   but 
the  summ( 
company  i 
gan  with 
diately  aft 


D1SC0VI]RY   OF  OREGON. 


19 


ilcd  for  the  bay 

mouth. 
T  the  Spaniards.  ] 
),  and  made  an 
1792,  the  Span-  , 
'e  of  the  Straits 
)unt  of  the  inse- 

provisions.  In 
els,  the  corvette 
from  Mexico, 
sited  by  Malas- 
1,  '0-i.  and  '95^  ) 
'd  the  ifioups  o:  | 
and  latitude  55- 

Nootiva,  ncgotia  I 
Spanish   militarv 
,  tenements,  etc. 
ipon  what  wa.s  t 
d  the  matter  \va 
information  the} 
lents.     It  may  h. 
upon.     In  Octci 
Captain  Quadrti 
[ope  sailed  home  | 
lent  sent  out  Caj  I 
,     He  left  Prov  j 
at  Nootka.     Bt 
the  port  of  Nootki 
ngland  to  Nootka, 
ghton,  in  his  jour 
in  his  History  o' 
'ess.  certain^  froi 
I  flag ,  jhjiiig  at  U 
at  the  whole  ten 

of  the  coast  wcr 
over  land.     Ti' 

)mpanies. 

of  the  Northu 

a  Lake,  near  til 

lundred  miles  I 
the   Slave  Riva 

escended  into  t:.! 

ard  down  anothc 


ne,  and  followed 


to  its  lerrnination  in  a  sea,  69°  north  latitude.     He  then  returned  to  Fort 
riiippcwyan,  the  rsfablishmcnt  on  Athabaska  f^ake. 

In  October,  197  J,  Mackenzie  ascended  the  P^ace  lliver,  a  stream  emp- 
tyinfi;  into  the  Lake-of-the-Hills,  or  Atliabaska  Lake,  as  it  is  most  gener- 
ally called,  and  followed  it  to  its  sources  among  the  Rocky  Mountains. 
Crossing  the  mountains,  he  embarked  upon  another  lar^o  stream,  called 
the  Tacootchee,  which  he  descended  a  short  distance,  and  tJKMi  making 
directly  westward,  reached  the  Pacific,  .Tiily  '.!'2nd,  179Ii,  in  latitude  52° 
30'  north. 

P'or  nearly  twenty  years  after  the  declaration  of  war  by  Spain  against 
Great  Britain,  in  1796,  no  event  of  any  importance  took  jjlace,  in  regard 
to  the  settlement  or  occupation  of  the  Territory  of  Oregon.  In  1803, 
January  18th,  President  .Teflerson  sent  a  confidential  message  to  Congress, 
recommending  the  e.xaun'nation  of  the  northwestern  part  of  America. 
An  undertaking,  known  as  the  e.vpedition  of  Lewis  and  Clarke,  was  the 
result.  Tiie.se  officers  were  intructed  toe.xplore  the  River  Missouri  and  its 
principal  branches  to  their  sources,  and  then  to  trace  to  its  termination,  in 
he  Pacific,  some  stream,  the  Colundiia,  Oregon,  Colorado ;  or  any  other 
which  might  offer  a  practical  water  communication  across  tiie  Continent. 

In  accordance  with  their  instructions,  Lewis  and  Clarke  set  out  on  the 
expedition  the  14th  of  May,  1804.  In  the  summer  of  IBOo,  they  crossed 
the  Rocky  Mountairs.  On  the  15th  of  November,  the  party  under  their 
command  landed  at  Cape  Disappointment,  having  passed  down  the  Lewis 
to  its  junction  with  the  Columbia,  and  tlience  down  the  Columbia  to  the 
ocean.  The  winter  of  1805-0  was  spent  at  Fort  Clatsoj),  on  the  south 
side  of  the  Columbia.  This  was  tlje  first  party  of  whites  that  ever  trav- 
ersed the  Oregon  Territory ;  nor  did  a  British  subject  ever  visit  any 
part  of  the  country  drained  by  the  Columbia,  until  the  summer  of  1811. 
In  the  spring  of  1806,  Mr.  Simon  Frazer  and  some  per.son  in  the  employ, 
ment  of  the  Northwest  Company,  established  the  first  British  trading 
post  on  the  west  side  of  the  Rocky  Mountains,  near  the  54th  parallel  of 
north  latitude,  on  tiie  border  of  a  .sheet  of  water  now  called  Frazer's  Lake. 

In  1808,  the  Missouri  Fur  Company,  formed  at  St.  Louis,  established 
a  trading  post  on  the  Lewis  River,  the  southern  branch  of  the  Columi)ia. 

In  1810,  the  Pacific  Fur  Company,  under  the  direction  of  its  originator, 
Mr.  Astor,  determined  to  make  a  settlement  on  the  coast.  On  the  23rd  of 
March,  1811.  the  ship  Tonquin.  belonging  to  the  company,  arrived  at  the 
mouth  of  the  Columbia.  After  landing  the  goods  and  j)assengers,  a  site 
was  selectpd  about  eiwht  miles  up  the  river,  and  was  named  in  honor  of 
the  projector.  Astoria.  About  four  months  afterwar.!,  a  nundjcr  of  persons, 
under  the  direction  of  Mr.  Thompson,  the  astronomer  of  the  Northwest 
Company,  arrived  at  the  mouth  of  the  Columbia,  intending  to  take  jjosses- 
sion  ;  but  they  found  it  occupied  by  the  Pacific  Fur  Comi)any.  During 
the  summer  of  this  year,  several  trading  posts  were  established  by  the 
company  in  the  interior,  the  principal  ofie  at  the  confiuence  of  the  Okana- 
gan  with  the  Columbia,  about  four  hundred  miles  irom  Astoria.  Imme- 
diately after  the  news  of  the  declaration  of  war  iuid  reached  Astoria,  the 


•)* 


20 


DISCOVERY   OF  OREGON 


i 

(0 


partners  of  the  company  who  were  at  the  post,  havinj?  ascertained  that  n 
large  armed  ship,  under  convoy  of  a  frigate,  were  on  their  way  to  take 
and  destroy  everything  in  that  quarter,  agreed  to  sell  all  their  property, 
furs,  csail)li.shments,  etc.,  to  the  Northwest  Company.  During  the 
progress  of  the  negotiation,  the  IJritish  sloup-of-war  Racoon,  entered  the 
Columbia.  The  captain  of  the  Racoon  took  possession  of  Astoria,  low. 
crod  the  American  flag,  winch  was  Hying  at  the  factory,  hoisted  that  of 
Britain,  and  changed  the  name  of  the  factory  to  Fort  George.  According 
to  the  first  article  of  the  Treaty  of  Ghent,  on  the  Gth  of  October,  1818, 
Captain  Micky  of  the  British  frigate  Blossom,  and  .Tames  Keith,  the  super- 
inlcndent  for  the  Northwest  Company  at  Fort  George,  surrendered  to 
Mr.  J.  B.  Prevost,  the  com<nissioner  on  the  part  of  the  Uriitcd  States,  tht 
settlement  of  Fort  George  or  Astoria. 

The  following  is  a  copy  of  the  act  of  delivery  : 

"  Li  obedience  to  the  commands  of  his  royal  h'ghness,  the  Prince 
Regent,  signified  in  a  dispatch  from  the  right  honorable  the  Earl  Ba- 
thurst,  addressed  to  the  partners  or  agents  of  the  Northwest  Company, 
bearing  date  the  *27th  January,  1818,  and  in  obedience  to  a  subsequent 
order,  dated  the  26th  of  July,  from  W.  H.  Sheriff,  Esq.,  captain  of  his 
majes'y's  ship  Andromache,  we,  the  undersigned  do,  in  conformity  to  tho 
first  article  of  the  Treaty  of  Ghent,  restore  to  the  Government  of  the  United 
States,  through  its  agent,  J.  B.  Prevost,  Esq.,  the  settlement  of  Fort 
George  on  the  Columbia  River.  Given  under  our  hands  in  triplicate  at 
Fort  George,  Columbia  River,  this  Gth  day  of  October. 

"  F.  HiCKY,  Captain  of  his  majesty's  shi;>  Blossom, 
'*  J.  KciiTH,  Agent  of  the  Northwes.  Company." 

The  acceptance  is  as  follows: 

"I  do  hereby  acknowledge  to  have  received,  in  behalf  of  the  Grovern- 
ment  of  the  United  States,  the  possession  of  the  settlement  designated 
above,  in  conformifv  to  the  first  article  of  the  Treaty  of  Ghent.  Given 
under  my  hand  in  triplicate,  at  Fort  George,  Columbia  River,  this  6tli 
day  of  Ocioder,  1818. 

"  J.  B.  Prevost,  Agent  of  the  United  States." 

By  the  same  Treaty  of  Ghent  it  was  also  agreed,  chat  the  parties  thereto 
shall  have,  for  a  limited  time,  equal  rights  of  trade  and  of  settlement  in 
Oregon  ;  and  that  such  occupancy  as  shall  accrue  therefrom,  shall  in 
nowise  affect  tho  final  sotllomi^nl  of  the  title  to  the  sovereignty  of  the  Ter- 
lilory,  etc.  This  agreement  has  been  renewed,  fror  time  to  time, 
since  that  date — a  tenancy  in  common,  subject  to  be  determined  on 
twelve  months  notice  from  cither  party.  The  question  of  title  is  there- 
fore an  open  one.  It  reverts  back  upon  the  questions  of  prior  discovery 
and  occupancy,  treaties  and  the  laws  of  nations,  which  we  shall  nov 
proceed  to  consider. 


T  le  Spai 
side/ed.     T 


whenever  a 
support  her 
of  history  b 
matters  as  t 
Oregon  Tei 


All  Brit 
I  very  oomph 
I  to  them.     " 
I  country,  an( 
taking  posse 
sovereign." 
other  one  sa 
to  the  count 
sert  boldly  ; 
Britfiin  the 
account  of 
we  think  F 
fskfttch,  take 
sary  to  a  fu 
'« The  fir 
ica,  was  the 
|PIymouth, 
dred  tons ; 
Mary  gold, 
in  all,  one  h 
on  a  voyage 
was  indeed 
was,  in  real 
American  C 
unknown  n 
the  Atlantic 
put  into  a  h 
to  his  passa 
oalv  *e:-ich( 


BRITISH  CLAIM   TO  ORRGON 


21 


certained  that  n  j  Tie  Spanish  discoveries  and  occupancy,  wo  havo  already  cursorily  con- 
loir  way  to  take  |side/ed.  The  British  explorations  of  the  coast,  also,  have  been  noticed 
;  their  property,  j  whenever  anything  was  accomplished  on  which  that  nation  has  relied  to 
DurinjT  thn  |  support  her  pretensions  to  the  Orej^on  Terrinry.  And,  with  this  outlino 
non,  entered  the  jof  history  before  us,  we  will  proceed  to  make  use  of  it,  and  such  other 
)f  Astoria,  low-  'matters  as  may  properly  belong  to  the  question  uetbre  us,  viz:  Who  owns 
,  hoisted  that  of  |  Oregon  Territory  ? 
go.  According 
October,  1818. 
vcith,  the  super- 
surrendered  to 
"lited  States,  tht 


less,  the  Prince 
e  the  Earl  Ba- 
iwest  Company, 
to  a  subsequent 
captain  of  his 
onformity  to  tho 
3nt  of  the  United 
tlernent  of  Fort 
s  in  triplicate  at 

shijy  Blossom, 
lompany." 


fof  the  Grovern- 

ment  designated 

Ghent.     Given 

I  River,  this  6th 

nited  States." 

e  parties  thereto 
of  settlement  in 
M'efroin,  shall  in 
gnty  of  the  Ter- 
time  to  time, 
!  determined  on 
of  title  is  there- 
'  prior  discovery 
li  we  shall  nov 


C  H  ;  P  T  E  R    II. 

OREGON  DOES  NOT  BELONG  TO  GREAT  BRITAIN. 

;  All  British  writers  upon  the  siibject  of  the  Oregon  Territory,  assert, 
]  very  complacently,  that  the  right  of  prior  discovery  belongs  exclusively 
Ito  them.     "  In  1557,"  says  one  writer,  "Admiral  Drake  discovered  tho 

(country,  and  pushed  his  discoveries  to  the  47tii  degree  of  north  latitude  ; 
taking  possession  of  the  country  along  his  route  in  the  name  of  the  British 
^sovereign."  That  assertion,  of  course,  occupies  the  whole  ground.  An- 
I  other  one  says  :  "  He  (Drake)  sailed  from  38°  to  48°,  assuming  the  title 
;|to  the  country  by  virtue  of  a  cession  of  one  of  tho  chiefs.'"  Now,  wg  as- 
|sert  boldly  and  fearlessly,  that  ^o  direct  evidence  can  be  produced  giving 
'^Britain  the  least  title  to  the  right  of  sovereignty  ;  nor,  judging  from  tho 
account  of  that  part  of  the  voyage  relating  to  Northwest  America,  do 
I  we  think  Francis  Drake  saw  the  Oregon  at  all.  The  following  brief 
Isketch,  taken  from  Hakluyt's  Collection  of  Voyages,  is  all  that  is  neces- 
sary io  a  full  understanding  of  the  case : 

"  The  first  British  vessel  that  visited  the  western  coast  of  North  Amer- 
ica, was  the  Pelican,  commc  ided  by  Sir  Francis  Drake.  He  sailed  from 
Plymouth,  England,  in  1577,  with  five  vessels: — the  Pelican,  of  one  hun- 
dred tons;  the  Elizabeth,  of  eighty  tons:  the  Swan,  of  fifty  tons;  the 
Marygold,  of  thirty  tons  ;  and  the  Ciiristopher,  of  fifteen  tons ;  carrying, 
in  all,  one  hundred  and  sixty-seven  men."  The  fleet  was  ostensibly  bounu 
ion  a  voyage  to  Egypt.  But,  to  use  the  words  of  the  English  writer,  "  it 
was  indeed  one  of  the  most  extraordinary  expeditions  ever  equipped."  It 
was,  in  reality,  a  piratical  expedition  against  the  subjects  of  Spain  on  tho 
American  Continent.  Tiie  intention  was  to  plunder  the  Spaniard,  explore 
unknown  regions,  and  circumnavigate  the  globe.  After  drifting  about 
the  Atlantic  for  some  time,  Drake  took  a  prize  of  considerable  value,  and 
put  into  a  harbor  on  the  coast  of  Patagonia,  to  refit  his  ships,  preparatory 
'i  his  passage  through  the  stormy  Straits  of  Magellan.  Three  of  his  ships 
iW  ''ei-^choi  the  Pacific,  and  theae  scon  afterward  were  dispersed  in  a 


imiTIiSH  CLAIM  TO  ()RE(;ON. 


dieadful  i^alc,  aiifl  all  lost,  except  the  IVliean  and  sixty  men.  With  this 
crafl,  Drake  saile<l  up  the  western  coast  of  America;  and,  as  the  Span. 
Jurds  were  unprepared  to  resist  him,  either  hy  land  or  sea,  lie  plundered 
their  towns  and  ships  with  little  dilHculty.  In  tiie  sprin<,'  of  1579,  after 
sacking  the  town  of  Guatul  'ir-  determined  to  return  to  Eni,'land.  Being 
fearful  of  meeting  some  Sp.  vt\ssels  if  he  should  return  through  the 

Straits  of  Magellan,  lie  concluo.  .•  to  cross  the  Pacific  and  double  the(!ape 
of  Good  [lopo.  Ii(!  left  (ruatulco,  therefore,  on  the  IfUli  of  April,  and 
sailing  to  the  northward,  is  reported  to  have  reached  tiie  42nd  parallel  of 
latitude  on  the  'JOtli  of  Jinie,  when  th(!  violcMice  of  the  northwest  winds 
drove  him  on  the  Californian  coast,  where  he  is  said  to  have  anchored. 
Finding  his  berth  insecure,  it  is  pretended  that  he  proceeded  south  to  the 
Bay  of  Bodega,  or  its  vicinity,  in  latitude  '.]S°,  where  he  remained  from 
the  17th  to  the  'J3rd  July,  repairing  Ids  vessel  and  examining  the  surround- 
ing country.  The  natives,  who  are  alleged  to  have  come  in  crowds  to 
see  the  vessel,  at  first  exhibited  a  hostile  attitude  ;  but  the  conduct  of  Drake 
and  his  men  was  so  conciliatory,  as  to  win  upon  the  aflections  of  the  sav- 
ages to  such  a  degree,  that,  when  he  was  about  to  leave,  the  fable  says, 
they  begged  him  to  remain  among  them  as  their  king.  To  this  proposi- 
tion, of  course,  Drake  did  not  assent.  He,  however,  accepted  the  "crown 
of  feathers,"  a  marvellous  long  chain,  and  some  other  insignia  of  savage 
royalty.  In  the  words  of  Hakluyt,  "  he  did  not  think  meet  to  reject,  as 
he  did  not  know  what  honor  or  profit  it  might  be  to  his  country."  He 
gave  the  name  of  New  Albion  to  his  newly  actiuired  territory.  Thus  runs 
the  tale  of  this  fictitious  discovery.  It  is  stated  tiiat  Drake  left  the  coast 
on  the  23rd  July,  touched  at  the  Philippine  Islands  on  the  30th  Septem- 
ber, 1579,  and  arrived  in  England  on  the  25th  September,  1580. 

There  are  two  narrratives  of  the  expedition  of  Drake  to  the  northwest 
coast  of  America.  1st.  "  The  Famous  Voyage  of  Sir  Francis  Drake  into 
the  South  Sea,  and  then,  hence,  about  the  whole  globe  of  the  earth  ;  be- 
gun in  the  year  of  our  Lord  1577  ;"  published  in  London  by  Hakluyt, 
in  1589.*  2nd.  "  The  World  Encompassed  by  Sir  Francis  Drake,  collected 
out  of  the  notes  of  Mr.  Francis  Fletcher,  Preacher  in  this  employment ; 
and  compared  with  divers  others'  notes  that  went  in  the  same  voyage." 
Published  i]i  lG.52.t 

In  the  first  accounts,  published  in  PiUgland,  of  this  expedition,  the  43rd 
degree  of  north  latitude  is  named  as  the  farthest  degree  north  that  was 
reached  by  Drake.  On  the  thle  page  of  Hakluyt's  work,  and  in  his  ac- 
count, page  52;],  vol  iii.,  this  is  distinctly  set  forth.  Purchas,  in  his  "  Pil- 
grims," also  mentions  the  43rd  degree  as  the  northerly  limit  of  his  dis- 
coveries. Subsequently,  however,  English  historians  mention  the  48th 
degree.  Dr.  Johnson  is  an  exception.  In  his  life  of  Sir  Francis  Drake, 
the  43rd  degree  is  assumed  as  the  ullimatum  of  his  northinji.  The  rea- 
son  is  obvious — the  closing  paragraph  of  the  account  of  the  '•  Famous 
Voyage,"  given  hy  Hakluyt,  is  a  full  explanation.     After  narrating  the 

*  Hokluyt's  Colloction,  vol.  iii.  page  523.       f  Osborne's  Collection  of  Voyages,  vol.  ii.,  page  434. 


circumstaiu 
of  the  sovri 
been  in  this 
I  many  degre 
land  Ferrelc 
jjnot  known 
1589  ;  and 
the  English 
ever,  it  bee 
the  44th  de 
grees  insten 
*  val  Tracts," 
]  16tli  of  Apr 
i  he  named  it 
I  were  living 
1  We  will 
i  relative  to  t 
{ to  the  reade 
from  this  pi 

\      From  vol 
;  lowing  pars 

j      "  The  5ti 
\  come  out  o 
)  pinched  wit 
'  ther  we  we 
:  time,  we  th 
1  tainous,  bu| 
I  till  we  caul 
4  send  us  intl 
I  this  bay  wj 
i      The  folll 
j      "  The 
^  pole  Artie, 
with  the  ai 
went  the  : 
best,  for  tlj 
but  low, 
the  lino,  il 
bay,  with 
The  ibl 
"  FronJ 
I  the  sea  ; 
I   wind,  anj 
leagues 
night  folj 
nipp'ig 


HRITISir  CLAIM   TO   ORKrJON. 


23 


.     With  this 

as  the  Span. 

le  |)luii(iered 

f  1579,  artnr 

I'^land.  Being 

I  throuijh  the 

ul)h^  the  Cape 

ot"  April,  and 

n(l  [mrallc!  of 

thwest  winds 

\(>   anchored. 

(I  south  to  the 

•eniained  from 

the  surround- 

f-  in  crowds  to 

iduct  of  Drake 

)ns  of  the  sav- 

tho  fable  says, 

o  this  proposi- 

cd  the  "crown 

gnia  of  savage 

let  to  reject,  as 

country."     He 

Dry.  Thus  runs 

ce  left  the  coast 

30th  Septem- 

,  1580. 

0  the  northwest 
ncis  Drake  into 
'  the  earth  ;  be- 
)n  by  Hakluyt, 
)rake,  collected 
s  employment ; 
same  voyage." 

dition,  the  43rd 
north  that  was 
,  and  in  his  ac- 
las,  in  his  "  Pil- 
imit  of  his  di.s- 
Mition  the  48th 
Francis  Drake, 
ing.  The  rca- 
r  the  '•  Famous 
•  narrating  the 

vol.  ii.,  page  434. 


Icircumstancps  of  the  visit  of  Drake  to  Now  Albion,  and  of  his  acceptaiico 
lof  the  sovereignty,  hf  says:  ••  It  secmcth  that  the  Spaniards  had  never 
Jbcen  in  this  part  of  the  coast ;  neither  (h'd  they  eve  r  disxovcr  tlie  land  by 
many  degrees  to  the  .southward  of  this  phico."  The  discoveries  of  Cabrillo 
and  Ferrelo  iiad  been  kept  a  sccrrt  by  tli."  S|)aniurd.-;.  .^o  that  thry  were 
not  known  in  I'lngland,  until  after  Hakluyt  hud  published  his  work  in 
1580  ;  and  "die  'i:)rd  rlegree  north,  was  supposed  to  be  far  enough  to  u'ive 
the  English  some  title  to  territory  in  Nortliwest  America.  When,  how- 
ever,  it  became  known  that  the  Spaniards  iiad  puslied  their  discoveries  to 
the  44th  degree,  English  historians  and  (;omj)ilors  inserted  forty-eight  de- 
Agrees  instead  of  f>rty-thrrc.  .\dmiral  Sir  \Villi,'uii  .Munson,  in  his  ■•  Na- 
.  val  Tracts,*'  published  in  1710,  remarks:  ••  Drake,  aftei-  sailing  from  the 
;  16th  of  .\pril  to  the  5th  of  Juiu;,  anivod  in  4S^  north  ;  and  seeing  land, 
;  he  named  it  New  Albion."  And  he  further  .states,  "  that  the  inhabitants 
I  were  living  there  in  great  e.\trt>mity  of  coAZ  and  want." 
I  We  will  now  give  the  following  extracts,  from^three  English  authors, 
I  relative  to  these  discoveries  ;  and,  after  making  a  few  connneiits,  leave  il 
\  to  the  reader  to  judge  what  claims  the  English  have  to  Oregon  Territory, 
j  from  this  piratical  expedition  of  Sir  Francis  Drake. 

From  vol.  iii.,  page  523,  Hakluyt's  English  Navigator,  we  have  the  fol- 
lowing paragraph : 

;  "  The  5tli  day  of  June,  beihg  in  43°  of  the  pole  Arctic,  i)eing  speedily 
]  come  out  of  the  extreme  heat,  we  found  the  air  so  cold  that  our  men,  being 
'  pinched  with  the  same,  complained  of  the  extremity  thereof:  and  the  fur- 
ther we  went,  the  more  the  cold  increased  upon  us.  Wherefore,  for  that 
time,  we  thought  it  best  to  seek  the  land,  and  did  ,so,  i  ^,ing  it  not  moun- 
tainous, but  low,  plain  land  ;  and  we  drew  back  agai.i,  without  landing, 
till  we  came  within  38°  toward  the  line,  in  which  height  it  pleased  God  to 
?  send  us  into  a  fair  and  good  bay,  with  a  good  wind  to  {>nter  the  .same.  In 
i  this  bay  we  anchored  on  the  17th  of  June." 

•  The  following  extract  is  from  Piirchas's  Pilgrimage,  book  2nd,  page  52. 
i  "  The  fifth  day  of  June,  being  in  three-and-forty  degrees  toward  the 
^  pole  Artie,  we  found  the  air  so  cold  that  our  men,  being  grievously  pinched 
I  with  the  same,  complained  of  the  extremity  thereof;  and  the  further  we 
,■  went  the  more  the  cold  increased  upon  us.  Wherefore,  we  thought  it 
i  best,  for  that  time,  to  seek  the  land,  and  did  .so,  finding  it  not  mountainous, 
■  but  low,  plain  land,  till  we  came  within  eight-and-thirty  flegrecs  toward 
the  line,  in  wiiich  height  it  pleased  God  to  send  us  into  a  fair  and  good 
bay,  with  a  good  wind  to  enter  the  same." 

The  following  extracts  are  from  the  "  World  Encompassed  :" 
"FromGuatulco  we  departed,  April  15.  setting  our  course  directly  into 
the  sea  ;  whereupon  we  sailed  five  hundred  leagues  in  longitude  to  get  a 
wind,  and,  between  that  and  the  3rd  of  June,  one  thousand  four  hundred 
.    leagues  in  all,  till  we  came  into  the  latitude  of  42°  north  ;   where,  in  the 
I  night  following,  we  found  such  an  alteration  of  the  heat  into  extreme  and 
nipp-ng  cold,  that  our  men,  in  general,  did  grievously  complain  thereof. 


24 


BRITISH   Of. AIM    TO  ORKiJON 


♦  ■c  * 


It  camo  to  that  cxtromity  that,  in  sailinr;  hut  two  rlngrcns  farthnr  to 
the  northward  in  our  coursi;.  •  ♦  *  *  Our  iricat,  as  soon  us  it  was  rcniovod 
from  the  fire,  would  pnisoiitly,  iu  a  rnaurinr,  bo  fro/.on  up  ;  aud  our  ropes 
and  tacklin<(,  in  a  ihw  days  were  grown  to  that  stilFness,  that  what  three 
men  before  won;  rble  to  perform,  now  six  men,  with  ihcur  best  strength 
and  utmost  endeavor,  were  hardly  able  to  aeoomplish  *  *  *  *  The  land, 
in  that  part  of  America,  bearing  farther  out  into  the  west  than  wo  before 
imagined,  we  were  nearer  on  it  than  we  W('re  aware,  and  yet,  the  nearer 
still  we  came  unto  it,  tlu;  more  extremity  of  cold  did  s(Mze  upon  us.  Tho 
6th  day  of  June,  we  wi^re  forced  by  contrary  winds  to  run  in  with  the 
shore,  which  we  then  first  descried,  and  to  cast  anchor  in  a  bad  bay,  the 
best  road  we  could  at  present  meet  with  ;  where  we  were  not  without 
some  danger,  by  reason  of  the  many  gusts  and  Haws  that  beat  upon  us. 
***  *  In  this  place  was  no  abiding  ior  us,  aud  to  go  farther  north,  the 
extremity  of  the  cold  would  not  permit  us;  and  the  winds  directly  beat 
against  us,  having  once  gotten  us  under  sail  again,  commanded  us  to  the 
southward,  whether  we  would  or  no.  From  the  height  of  48°  in  which  we 
now  were,  to  38°,  wc  found  the  land,  by  coasting  along  it,  to  be  low  and 
reasonably  plain,  every  hill,  whereof  we  saw  many,  but  nonk  vkry  high, 
though  it  were  in  June,  and  the  sun  in  his  nearest  approach  unto  them, 
being  covered  with  snow.  In  38°  30',  we  fell  in  witli  a  convenient  and 
fit  harbor;  and,  Juno  17th,  came  to  anchor  therein,  whore  wo  continued 
till  the  *23rd  of  July  ;  during  all  which  lime,  notwithstanding  it  was  the 
height  of  snrmner,  and  so  near  the  sun,  yet  we  loere  constantly  visited  with 
like  nippi:^g  cold  as  we  had  fell  before  ;  neither  could  we,  at  any  time  in  the 
whole  fourteen  days  together,  find  the  air  so  clear  as  to  be  able  to  take  the 
height  of  sun  or  star.  ****  How  unhandsome  and  deformed  appeared  the 
face  of  the  earth  itself,  showing  trees  without  leaves,  and  the  ground  without 
greenness,  in  those  months  of  June  and  July.  ****  Kor  the  causes  of  this 
extremity  of  cold,  *  *  *  *  the  chiefest  we  conceive  to  be  the  large  spread- 
ing  of  the  Asian  and  American  continents,  which  commences  northward 
of  these  parts,  if  they  be  not  fully  joined,  yet  seem  to  come  very  near 
each  other  ;  from  whose  high  and  snow-covered  mountains,  the  north  and 
northwest  winds,  the  constant  visitors  of  these  coasts,  send  abroad  their 
frozen  nymphs.  "  *  *  *  And  that  tho  north  and  northwe^st  winds  are  here 
constant  in  June  and  July,  as  the  north  wind  alone  is  in  August  and 
September,  we  not  only  found  it  by  our  own  experience,  but  worn  fully 
confirmed  in  the  opinion  thereof  by  the  continued  observations  of  the 
Spaniards.  *  *  *  *  Though  we  searched  the  coast  diligently,  even  unto 
the  48ih  degree,  yet  found  we  not  the  land  to  trend  as  much  as  one  point, 
in  any  place,  toward  the  east,  but  rather,  running  on  continually  north- 
west, as  if  it  went  directly  to  meet  with  Asia." 

Above,  we  have  given  the  English  authorities  upon  which  Great  Britain 
claims  the  Oregon  Territory  by  right  of  prior  discovery.  The  part  of  the 
coast  said  to  have  been  seen  by  Drake,  is  from  38°  to  48°  north.  The  sea- 
son of  the  year  when  this  was  seen,  was  the  summer  solstice  ;  the  face  of 
tho  country  was  low  and  reasonably  plain,  and  the  climate  cold  and  pinch- 


in;;;  tn- 
with  snow 
Now,  if 
ica,  betwe 
country  w 
ture,  or  an 
too,  pinchi 
all  claim, 
46°  north, 
leans,  on  t 
France, 
even  as  la 
latitude  3^- 
23rd  of  i\ 
were  const 
was  so  del 
and  the  tn 
unknown  ; 
eternal  grc 
It  is  the  la 
there  ;  an^ 
snowy  hill 
much  for  t 
Now  with 
north,"  tlu 
low  and  re 
gon  Terril 
hanging  w 
narrow  gy 
the  Pacifu 
found  the 
east,  but  i 
meet  Asia 
the  latitud 
latitude  3 
bears  gen 
almost  ill 
eastwardl 
ceivsd,  tV 
seen   the 
scription 
upon  US 
Bucanee 
he  succe 
obtained 
falsehoo( 
Oregon  ' 


■iaj^w»dbjiA.::ii 


C-;.r-ii<rf<^ .-. . „, 


lUrTISII   CLAIM    TO   ORKGON. 


35 


•ns  farther  to 
w;i8  removed 
iiid  our  ropes 
lit  what  thrco 
h(vsf  stronijth 
The  land, 
III  wo  bcforo 
t,  the  ncar(>r 
on  us.     The 
ill  with  the 
bad  hay,  the 
not  without 
eat  upon   us. 
ler  north,  the 
directly  beat 
iJed  us  to  the 
in  which  we 
be  low  and 

!•:   VKRY  HIGH, 

I  unto  them, 
ivenient  and 
'o  continued 
J  it  was  the 
y  visited  with 
ly  lime  in  the 
3  to  take  the 
appeared  the 
ound  withoid 
a  uses  of  this 
r^'c  spread, 
s  northward 
3  very  near 
le  north  and 
abroad  their 
ds  are  here 
August  and 
worn  fully 
ions  of  the 
,  even  unto 
s  one  point, 
ally  north- 

'eat  liritain 
part  of  the 
The  sea- 
the  face  oS 
and  pinch- 


ing j  tri'-  n'.Ks,  aai  m:;-./'  w.io  very  many,  thou<rh  mma  v>fry  hi^k,  covered 
with  snow. 

Now,  if  (Jreat  Hritain  can  find  on  the  northw(;si  coast  of  North  Amer- 
ica, between  the  paraiicds  of  latitude  claimed  by  th<;  United  Slates,  a 
country  with  su(;li  a  climate  and  such  a  sliaped  coast,  or  such  a  tempera- 
ture, or  any  such  snow-clad  hills — not  v(^ry  high  r(,'collect,  and  the  weather 
too,  pinching  cold  in  July — why  then  to  that  country  we  will  relinquish 
all  claim,  forthwith.  The  latitude  of  the  mouth  of  the  (yolumbia  river  is 
46°  north,  and  th(j  tetr>p(!rature  is  as  mild  as  iti  th(;  latitude  of  New-Or- 
leans, on  tin;  eastern  side  of  th<!  (/ontiiKMit,  or  as  mild  as  Bordeaux  in 
France.  Grass  grows  luxuriantly  in  Oregon  during  all  i\w  winter  months, 
even  as  far  north  as  Drake  is  said  to  have  sailed  ;  and  as  for  the  bay  at 
latitude  38°  north,  in  which  they  remained  from  the;  I7th  of  .June  to  the 
23rd  of  July,  •'  in  the  height  of  sununer,  and  so  near  the  sun,"  and  yet 
were  constantly  visited  with  nipping  colds,  and  where  the  face  of  the  (^arth 
was  so  deformed  and  unhandsonK;,  and  the  ground  was  without  greenness 
and  the  trees  without  leaves  ; — why,  in  that  latitudt;  nipping  colds  are 
unknown  ;  the  trees  are  studded  with  perpetual  foliage;  tlu;  ground  is  one 
eternal  green  carjjct,  and  snow  has  never  been  seen  on  its  plains  or  hills. 
It  is  the  land  of  the  olive  and  the  grape  ;  the  tropical  fruits  are  indigcuious 
there  ;  and  as  for  j)inching  cold,  or  fnjsty  weather,  or  leafless  tnies.  or 
snowy  hills,  they  are  alike  unknown  and  unheard  of  in  that  regioii.  So 
much  for  the  climate  of  the  country  l)raU(>  is  pretended  to  have  discovered. 
Now  with  regard  to  the  face  of  the  country.  "  From  the  height  of  48° 
north,"  the  highest  point  said  to  have  been  reached,  "  to  38°,  the  land  was 
low  and  reasonably  plain."  The  fact  is  otherwise.  The  coast  of  Ore- 
gon Territory  from  Cape  Ivlendocino  to  the  Straits  of  Fuca,  is  an  over- 
hanging wall  of  rough  basaltic  mountains,  broken  only  at  a  ^ew  points  by 
narrow  gynes,  the  gates  of  the  Columbia  and  other  streams  that  fall  into 
the  Pacific  Ocean.  "  Between  these  latitudes  (38°  and  48°  north,)  we 
found  the  land  not  to  trend  so  much  as  one  point  in  any  place  toward  the 
east,  but  rather  running  continually  northwest,  as  if  it  went  directly  to 
meet  Asia."  This  descrii)tion  of  the  shape  of  the  coast  of  Oregon  between 
the  latitudes  of  38°  and  48°  does  not  at  all  correspond  with  the  fact.  From 
latitude  38°  to  48°  north,  it  runs  northwesterly,  and  then  for  about  G° 
bears  generally  a  few  points  eastwardly,  and  thi-n  runs  a  d(\gnM3  or  two 
almost  due  north — thence  a  few  points  northwesterly,  and  then  trends 
eastwardly  toward  the  cnirance  of  the  Straits  of  Fuca.  [t  will  be  per- 
ceived, therefore,  that  if  vv(!  should  condescend  to  allow  Drake  to  have 
seen  the  coast  of  Northwest  America  betwwju  38°  and  48°,  his  de- 
scription of  the  shape  of  that  part  of  it  would  cast  our  condf^scension  back 
upon  us  as  a  most  ridiculous  absurdity.  In  truth,  that  old  chief  of  the 
Bucaneers  probably  manufactured  this  tale  to  delude!  his  sovereign  ;  and 
he  succeeded  but  too  well  in  his  design.  II(!  was  knighted  ;  and  his  fable 
obtained  such  credence  at  the  time,  that  his  remains — stars,  garters,  and 
falsehoods,  are  exhumed  now  to  testify  against  the  right  of  America  to  the 
Oregon  Territory. 


•26 


BRITISH  CLAIM   TO   OREGON. 


- 1^  i(  I  4 


We  have  observed  before  in  this  notice  of  Drake's  voyaire,  that  ovvin<T 
to  the  silence  of  the  Spanianls  with  regard  to  their  discoveries  and  explo- 
rations on  the  northwest  coast,  it  was  not  known  in  England  for  some 
years  after  Drake  arrived  in  London,  that  Cabrello  and  Ferrelo  had  pro- 
ceeded as  far  nouh  as  tlie  14th  degree.  It  was  necessary,  ih^refore,  in 
the  editions  published  afterward,  to  make  the  old  sloop  of  Drake's  sail  a 
little  fastei,  so  as  to  proceed  a  little  farther  north  in  the  given  time.  Dates 
belong  to  the  class  of  stubborn  facts  which  cannot  be  readily  set  aside. 
Let  us  attend  to  them.  In  the  earlier  accounts,  Drake's  vessel,  on  the 
3rd  of  June,  was  in  latitude  42°,  and  on  the  5th  of  .Tune,  forty-eight  hours 
afterward,  had  beat  up  against  strong  head  winds  and  nipping  cold,  withal, 
about  a  degree  ;  which,  ^or  an  old  ill-rigged  sloop  of  the  sixteenth  century 
was  reasonably  fast  sailing.  But  as  this  would  not  give  the  title  to  Great 
Britain,  it  was  necessary  to  beat  up  a  fev/  degrees  farther ;  and  in  sub- 
sequent  notices  of  Drake's  voyage,  he  is  said  to  have  reached  the  48th 
degree  of  north  latitude,  making  from  six  to  seven  hundred  miles  in  two 
days'  sailing,  against  contrary  winds,  in  that  old  sloop  ! !  Will  any  one 
suppose,  for  a  moment,  such  an  account  to  be  in  accordance  with  facts  ? 
Does  it  bear  upori  ihe  face  of  it  the  least  shade  of  consistency  ?  But 
there  is  no  need  of  comment.  The  English  claim  Oregon  Territory  by 
virtue  of  the  prior  discovery  of  Sir  Francis  Drake,  and  their  authority  we 
have  just  given.  If  a  coast,  trending  as  Drake  made  it  to  the  north- 
west, so  as  to  meet  Asia,  can  be  found  beetween  38°  and  48°  north — if  a 
climate  such  as  he  has  described,  is,  or  by  any  possibility  can  be  consid- 
ered  the  climate  of  Oregon  Territory,  then  we  may  look  at  this  matter  in 
another  light ;  until  then,  we  assert  that  Sir  Francis  Drake  could  not 
have  seen  any  ])art  of  the  coast  of  Oregon  in  June  and  July,  1551). 

Next  in  order  to  the  claim  of  priority  of  discovery  under  Drake,  come 
Britain's  claim  of  priority  of  occupation,  founded  on  the  operations  of  John 
Meares,  at  Nootka  Sound.  Before  proceeding  to  make  any  remarks  upon 
this  claim,  the  following  b)'ief  sketch  of  the  voyage  of  Meares,  taken  from 
his  own  account,  published  at  London  in  1790,  will  be  given,  in  order  that 
the  reader  may  well  judge  upon  what  grounds  we  pronounce  this  claim 
by  occupation,  frivolous  and  absurd.* 

In  the  preface  to  the  volumes  put  forth  by  John  Meares,  he  says :  '•  In- 
deed,  I  feel  it  a  duty  I  owe  myself,  as  well  to  moderate  the  sanguine  ex- 
pectations  which  may  have  arisen  respecting  tlu^  history  of  these  vyages, 
in  which  I  have  been  engaged,  and  may  be  said  to  jiave  conducted,  that 
they  weir  voyages  of  co.-mimkrck  and  not  of  discovekv,  and  any  novelty 
that  may  have  arisen  out  of  it,  firms  as  it  wore,  an  incidental  pan  of  a 
commercial  undertakins.'' 

In  January,  1780,  Meares  induced  some  Portuguese  gentlemen  at  Ma- 
cao to  fit  out  two  vessels,  for  the  purpose  of  prosecuting  the  fur  trade  on 
the  northwest  coast  of  America.  The  one  called  the  Nootka,  in  \\  hich 
he  himself  sailed,  and  a  sloop,  called  the  Sea  Otter,  in  which  was  another 
British    subject,  named   William    Tipping,  a    lieutenant    in    the    royal 

*  MearesN  Voyage,  printed  ut  London,  1790. 


navy. 


Th 


and  spent 
never  hea 
among  the 
after  sulTer 
ruary,  178 
Not  at  a 
were  fittec 
coast.     T 
to  a  numbi 
tions  whic 
«  Merchar 
captains  ; 
tuguese  pa 
property  oj 
The  instri 
of  furs,  w 
translatioi 

"The  In! 

u  *   *    * 

Russian, 

and  frienc 

which  wil 

tme,  guar 

carry  yot 

poioer,  an 

protest  he,j 

as  nearly 

test,  with 

such  conf 

that  attac 

crew  to 

CREWS  PT 


Substt 
Douglas 

From 
the  FeV 
Friendl; 
voyage, 
vessel,  c 
furs  in 
As  it  w 
and  for 
complel 


BRITISH  CLAIM   TO   OREGON. 


',  that  ovvinff 
!.s  and  explo- 
iiid  for  some 
'elo  had  pro- 
ihprefore,  in 
rake's  sail  a 
time.    Date.s 
ly  set  aside. 
:!ssel,  on  the 
eight  hours 
cold,  withal, 
nth  century 
iile  to  Great 
and  in  sub- 
led  the  48th 
miles  in  two 
'^ill  any  one 
with  facts? 
^Jicy  ?     But 
^erritory  by 
uthority  we 
the  north- 
north — if  a 
n  be  consid- 
lis  matter  in 
3  could  not 

)rake,  come 
ons  of  John 
narks  upon 
taken  from 
n  order  that 
'  this  claim 

^ays:  «•  In. 
nguino  ex- 
0  '■' yages, 
ucted,  that 
iiy  novelty 
pan  of  a 

ion  at  Ma. 
r  trade  on 
in  which 
as  another 
the    royal 


27 


navy.  The  Nootka  reached  tiie  coast  of  North  America  in  September, 
and  spent  the  winter  in  Prince  William's  Sound.  The  Sea  Otter  was 
never  heard  of  after  leaving  Macoa.  The  scurvy  made  sad  ravages 
among  the  crew  of  the  Nootka  while  at  Prince  William's  Sound,  and 
after  suffering  severely  from  sickness,  Mearcs  returned  to  Macao,  in  Feb- 
ruary,  1787. 

Not  at  all  daunted  by  this  mishap,  in  .Fanuary,  1788,  two  other  vessels 
were  fitted  out  at  Macao,  for  anc'her  trading  voyage  to  the  northwest 
coast.  These  were  the  Felice  and  Iphigenia.  These  vessels  belonged 
to  a  number  of  individuals,  resident  at  xMacao.  In  the  letter  of  instruc- 
tions which  they  gave  to  Meares  when  he  left,  they  signed  themselves 
"  Merchant  Proprietors."  These  vessels  rcere  conwianded  by  Portuguese 
captains  ;  sailed  under  the  Portuguese  flag,  and  ivere  furnished  with  Por- 
tuguese passports  and  papers  ;  and  the  vessels  tvere  represented  to  be  the 
property  of  Juan  Cavallo,  a  well  knoivn  Portuguese  merchant  of  Macao. 
The  instructions  for  the  conducting  of  the  voyage,  and  for  the  procuring 
of  furs,  were  written  in  the  Portuguese  language.  The  following  is  a 
translation  of  the  concluding  paragraphs  : 

"  The  Instructions  of  the  Merchant  Proprietors,  to  John  Meares  : 

"  *  *  *  *  Should  you,  in  the  course  of  your  voyage,  meet  with  any 
Russian,  English,  or  Spanish  vessels,  you  will  treat  them  with  civility 
and  friendship,  and  allow  them,  if  authorized,  to  examine  your  papers, 
which  will  show  the  object  of  your  voyage.  But  you  must,  at  ihe  same 
time,  guard  against  surprise.  Should  they  attempt  to  seize  you,  or  even 
carry  you  out  of  your  way,  you  will  j^f'^vent  it  by  every  meatis  in  your 
poiuer,  and  lepel  force  by  force.  You  will  on  your  arrival  in  the  first  port, 
protest  before  a  proper  officer  against  such  illegal  procedure  ;  and  ascertain 
as  nearly  as  you  can  the  value  of  your  vessel  arid  cargo,  sending  such  pro- 
test, with  a  full  account  of  the  transaction  to  us  at  China.  Should  you  in 
such  confiicl  have  the  superiority,  you  will  then  take  possession  of  the  vessel 
that  attacked  you,  as  also  her  cargo,  and  bring  both,  with  the  officers  and 
crew  to  China,  that  they  may  be  condemned  as  legal  prizes  aiid  their 
CREWS  punished  AS  PIRATES.  Wishing  you  a  prosperous  voyage,  etc. 
(Signed)  "The  Merchant  Proprietors." 

Substantially,  the  same  instructions  were  given  by  Meares  himself,  to 
Douglass,  the  supercargo  of  the  Fphigenia. 

From  Macao,  the  Iphigenia  sailed  for  Cook's  river,  while  Meares,  in 
the  Felice,  prooceded  to  Nootka  Sound.  He  arrived  at,  and  entered 
Friendly  Cove,  the  IStli  of  May.  In  order  to  facilitate  the  objects  of  the 
voyage,  immediately  on  his  arrival  he  connnenced  constructing  a  small 
vessel,  of  about  forty  tons,  which  he  intended  should  be  used  in  procuring 
furs  in  the  sounds,  bays,  and  inlets,  in  the  vicinity  of  Friendly  Cove. 
As  it  was  necessary  to  have  some  temporary  shelter  for  the  workmen, 
and  for  the  people  who  were  to  be  left  at  the  cove  until  the  voyage  was 
completed,  permission  was  obtained  from  the  chief  of  that  part  of  the 


23 


BRITISH  CLAIM  TO  OREGON. 


^■'^M 


coast  for  a  sufficient  plot  ofg'-ound  on  which  to  erect  a  house  ;  in  consid- 
eration of  which  privilege,  and  of  the  further  promise  on  the  part  of  the 
chief,  to  protect  the  party  to  be  left,  he,  Maquilla,  received  from  Meares 
a  pair  of  pistols,  and  an  assurance,  that  when  the  traders  should  leave 
the  coast,  the  grounds,  with  the  house  and  furniture  should  revert  back, 
and  become  the  property  of  the  chief.     The  building  was  finished  by  the 
28th  of  May.     This  building,  Supercargo  Douglass,  Moares's  subaltern  of 
the  Tphigenia,  pulled  to  pieces,  previous  to  sailing  for  the  Sandwich  Islands, 
in  1788.     The  boards  he  took  on  board  the  Tphigenia,  and  the  roof  he 
gave  to  Captain  Kendrick,  who  cut  it  up  and  used  it  as  firewood  on  board 
the  Columbia.     And  thus  was  this  hut,  or  factory,  destroyed,  and  the 
premises  abandoned  by  the  persons  who  established  it ;  so  that  when  the 
Spaniards  arrived  at  Nootka,  as  related  on  page  10,  there  was  no  vestige 
of  any  house  remaining.      We  have  been  thus  explicit  with  regard  to  the 
contract  between  Maquilla  and  Meares,  and  of  what  becamo  of  it,  be- 
cause the  English  writers  on  the  subject  of  the  claims  of  Great  Britain  to 
the  Oregon  Territory,  all  lay  great  stress  upon  the  settlement  of  Nootka 
Sound,  and  the  taking  possession  of  the  country  round  the  Straits  of  Fuca, 
and,  as  some  late  writers  have  it,  the  establishment  of  a.  factory,  by  Cap- 
tain John  Meares.     Now,  according  to  the  evidence  of  two  disinterested 
witnesses,  who  were  on  the  spot  when  the  Spanish,  under  Martinez,  took 
possession  of  the  island,  tiiere  was  no  factory,  no  settlement,  nor  the  vestige 
of  a  house,  when  the  Spaniards  arrived  to  take  possession  of  the  country. 
And  with  regard  to  any  land  purchased  by  Meares  from   Maquilla  and 
the  other  chiefs,  these  chiefs  all   assented  that   Captain  Kendrick,  the 
American,  was  the  only  person  to  whom  they  had  sold  land.     In  Meares's 
instructions  to  Colnett,  who  arrived   in  Nootka,  July,  1789,  there  is  no 
mention  made  of  these  factories  or  settlements  ;    Nor  does  Douglass,  of 
the  Iphigenia,  say  anything  that  would  go  to  prove  the  possession  of  houses 
and  lands.     Here  is  what  Meares  himself  says:  "  Maquilla,"  (vol.  1  p. 
82,)  "  had  not  only  most  readily  consented  to  grant  us  a  spot  of  ground 
in  his  territory,  whereon  a  house  might  be  built  for  the  accommodation  of 
the  people  we  intended  to  leave  there,  but  he  had  promised  us  his  assist- 
ance in  forwarding  our  wori<s,  and  his  protection  for  the  party  who  were 
destined   to  remain   at  Nootka  during   our  absence.     In   return  for  this 
kindness,  and  to  insure  a  continuance  of  it,  we  presenter!  the  cihinf  with 
a  pair  of  pistols."     He  goes  on  to  say  :  "The  house  was  completed   by 
the  28th  May,  a  breast- work  thrown  up  and  a  curmon  ujounled,  that  com- 
manded the  village.     The  keel  of  a  small  vessel  of  aijout  forty  tons  was 
then  laid,  with  which,  when  built,  they  intended  to  cruize   in  the  vicinity 
for  Ott(!r  skins.      In   connection   with  this  subject  he   further  says,  (page 
210,)  "  On  the  eve  of  the  deparlurf^  of  th(i  l^'elicc^,  as  an  inducement  for 
Maquilla  to  protect  th(;    party  we  intendcid  to  leave  at   Nootka,   he  was 
promised,  that  when  ice  Jinally  hft  the  coast,  he,  Maqulta,  should  enter  into 
full  possession  of  the  house,  and  all  the  goods  ami  chalLels  thereunto  be- 
longing." 

In  May,  1788,  Meares,  leaving  a  part  of  his  crew  at  Friendly  Cove, 


•s 

I 


s 

i 


sailed  in 
explore  tl 
returned 
Captain  ( 
by  the 
America 
The  2 
coasts,  ia 
ship,  the 
In  Oct 
and  the 
the  Ame 
Decen 
ward  twc 
at  Macaf 
don  comj 
comman( 
was  aciit 
ship  witl 
■x)int  stoc 

• 

purchase 
naut,  an( 
direction 
same  md 
from  the 
ington  Ic 
which  hi 
voyage. 
count  we 
Spaniari 
On  th 
Don  I'^.s 
ately  in 
come  to 
artiller; 
on  a  sir 
Don  Ca 
after  \\( 
Iphigen 
as  they 
was  sei 
she  vva 
captain 
owner 
viceroy 
complt 
the  noi 
collect 


BRITISH   CLAIM   TO  OREGON 


29 


e  ;   in  consid- 
le  part  of  the 
from  Meares 
sfiould  leave 
revert  back, 
lished  by  the 
subaltern  of 
Iwich  Islands, 
d  the  roof  he 
ood  on  board 
yod,  and  the 
lat  when  the 
as  no  vestige 
recfard  to  the 
mo  of  it,  be- 
^at  Britain  to 
nt  of  Nootka 
aits  of  Fuca, 
ory,  by  Cap- 
disinterested 
artinez,  took 
or  the  vestige 
the  country, 
aquilla  and 
iendrick,  the 
In  Meares's 
,  there  is  no 
Douiiflass,  of 
ion  of  houses 
"  (vol.  1  p. 
•t  of  ground 
imodation  of 
i  his  assist. 
y  who  were 
urn  n)r  this 
chioi'  with 
nplotcM]   by 
i,  tfiat  corn- 
y  tons  was 
;he  vicinity 
iuys,  (pajro 
ccinc'/it  for 
ui,   he,  was 
I  enter  into 
rcunto  be- 

idly  Cove, 


sailed  in  the  Felice  toward  the  south.  After  an  unsuccessful  attempt  to 
explore  the  Straits  of  Fuca,  and  to  discover  the  moinhof  the  San  lloquc,  he 
returned  to  Nootka  Sound.  Soptornber  ITlh,  1707,  the  sloop  Washington, 
Captain  Gray,  arrived  there  from  Boston.  'VUv.  small  vessel  commenced 
by  the  crew  of  the  Felice,  was  launched,  and  named  the  Northwest 
America. 

The  24th  SepfcMnbor,  the  fphiifpnia  arrived  at  Nootka  from  the  northern 
coasts,  laden  with  fur.  Those  Captain  Mcart^s  put  on  board  of  his  own 
ship,  the  Felice,  and  left  Nootka  Sound  for  iVlacao,  Sepl(Mnber  UHlh,  1788. 

In  October  the  ship  Columbia,  Captain  Kcndrick,  arrived  from  Boston, 
and  the  Iphigenia  and  Northwest  America  left  for  the  Sandwich  Islands  ; 
the  American  vessels  remaining  through  the  winter  at  Nootka. 

December  fith,  1()88,  the  Felice  arrived  in  Canton.  A  few  days  after- 
ward two  vessels,  the  Prince  of  Wales  and  the  Princess  Royal,  arrived 
at  Macao  from  the  northwest  coast.  They  had  been  fitted  out  by  a  Lon- 
don company,  the  "  King  George's  Sound  Company,"  and  were  under  tiie 
command  of  Captain  .lames  Colnett,  and  the  ageni  of  this  company,  who 
was  acting  supercargo  of  one  of  the  vessels.  Meares  formed  a  partner- 
ship with  these  men,  maknig  all  the  vessels  engaged  in  the  fur  trade  a 
•\)int  stock.  After  this  arrangement  was  entered  into,  a  new  ship  was 
purchased  to  take  the  place  of  the  Felice.  She  was  called  the  Argo- 
naut, and  with  the  Princess  Royal  was  dispatched  to  Nootka,  under  the 
direction  of  Colnett.  This  was  in  April,  1789.  About  the  20th  of  the 
same  month,  the  Iphigenia  and  Northwest  America  returned  to  Nootka, 
from  the  Sandwich  Islands.  A  few  days  after  their  arrival,  the  Wash- 
ington left  for  the  north  ;  and  a  day  or  two  after,  the  Northwest  America, 
which  had  been  hastily  equipped,  also  proceeded  to  the  north,  on  a  trading 
voyage.  The  Coluinhia  remained  at  Nooika  during  the  summer,  and  the  ac- 
count we  have  of  the  transaction  between  the  vessels  left  by  Meares  and  Uie 
Spaniards,  is  by  Ingraham,  the  mate  of  the  Columbia. 

On  the  6th  of  May,  the  Spanish  corvette  Princessa,  commanded  by 
Don  I'iStevan  Jose  de  Martinez,  arrived  at  Nootka.  Martinez  immedi- 
ately informed  the  ofFicers  of  the  Columbia  and  Iphigenia,  that  he  had 
come  to  take  possession  of  the  country  for  the  king  of  Spain.  lie  landed 
artillery  tmd  materials,  and  as  is  staled  on  a  previous  page,  erected  a  fort 
on  a  small  island  at  the  entrance  of  Friendly  Cove.  A  week  after,  the 
Don  Carlos  arrived,  under  the  command  of  LiiJUtenant.  Ilaro.  The  day 
after  her  arrival,  Viaiui,  the  captain,  and  Douglass.,  the  supercargo  of  the 
Iphigenia,  were  invittnl  on  board  the  Princessa,  and  were  informed  as  soor 
as  they  reached  tiie  deck  that  they  were  prisoners,  and  that  their  vessel 
Avas  seized.  After  being  retained  in  possession,  howev(M',  for  some  days, 
she  was  released,  on  Viana  and  Douglass's  engaging  for  themselves,  as 
ca])tain  and  supercargo  resp(H:tively,  anil  for  .luati  Cavallo  of  Macao  as 
owner  of  said  vessel,  to  pay  lior  value  on  d(>mand  to  the  order  of  the 
viceroy  of  Mexico,  should  lie  [)ronounce  her  capture  legal.  Having  boon 
completely  equipped  by  tiie  Spaniards,  she  sailed  on  the  2nd  of  June  for 
the  northern  coasts,  where  a  large  and  valuable  quantity  of  furs  were 
collected,  prior  to  her  leaving  for  the  Sandwich  Islands  and  Canton. 


30 


BRITISH   CLAIM   TO   OREGON. 


About  a  week  after  the  departure  of  the  Tphij^^enia,  the  Northwest 
America  returned  to  Nootka,  and  was  immediately  seized  by  Martinez. 
A  few  days  afterward  the  Princess  Royal  arrived  in  the  sound,  under  the 
command  of  William  Hudson.  She  brought  information  of  the  failure  of 
Juan  Cavallo,  the  Portuguese  merchant ;  whereupon  Martinez  determined 
to  hold  the  Northwest  America,  in  satisfaction  for  the  amount  of  the  bills 
drawn  upon  Cavallo,  in  considerr.tion  of  the  release  of  the  Iphigcnia.  On 
the  2nd  of  July,  the  Princess  Poyul  sailed  from  Nootka  on  a  cruise.  As 
she  was  leaving  the  sound,  the  Argonaut  came  in  from  Macao.  She  was 
boarded  immediately  by  the  Spanish  ouniiiiandant.  Captain  Colnett,  upon 
being  informed  of  what  had  taken  place  at  Nootka,  informed  Martinez 
that  he  had  come  to  take  possession  of  Nootka,  and  erect  a  fort  under  the 
British  flag.  Martinez  replied,  that  the  place  was  already  occupied  by 
the  forces  of  his  Catholic  majesty. 

On  the  following  day,  July  4th,  Martinez  invited  Colnett  to  an  inter- 
view on  board  his  ship.  Captain  Colncit  went,  and  an  altercation  took 
place  between  them,  in  the  cabin,  the  result  of  which  was  the  arrest  of 
Colnett,  and  the  seizure  of  the  Argonaut.  On  the  13th  July,  the  Princess 
Royal  arrived,  and  was  taken  possession  of  by  the  Spaniards.  On  the  day 
following,  the  Argonaut  sailed  for  San  Bias  with  all  the  British  prison- 
ers taken  at  Nootka,  under  the  charge  of  a  Spanish  lieutenant  and  crew. 

The  crew  of  the  Northwest  America  were  embarked  as  passengers  on 
board  of  the  Columl)ia.  She  sailed  in  August  from  Nootka,  by  way  of 
China,  to  the  United  States  under  command  of  Gray.  Kendrick  remained 
on  the  coast  in  the  Washington.  In  November,  Martinez  left  for  San 
Bias,  leaving  Maquilla  in  quiet  possession  of  his  dominions.  The  Colum- 
bia left  Macao  in  December,  1789  ;  and  the  seizure  of  the  Argonaut  and 
Princess  Royal  being  made  known  to  her  owners,  they  immediately  re- 
solved to  apply  to  the  British  government  for  redress.  For  this  object, 
Meares  was  sent  to  London  with  the  papers  necessary  to  substantiate  the 
claims  for  damages  agamst  the  Spanish  government. 

The  question  to  be  decided  upon  a  review  of  the  above  recited  facts,  is 
simply  this :  did  the  British  crown  "acquire  the  right  of  sovereignty  to 
Oregon  Territory  by  any  act  of  Meares's  during  his  stay  at  Nootka,  in 
1787  or  1798  1    '  ' 

The  Felice  and  the  Iphigcnia,  tiie  two  vessels  engaged  in  the  fur  trade, 
under  his  control,  were  Portuguese  vessels,  fitted  out  in  a  port  belonging 
to  Portugal  ;  their  papers  Portuguese,  the  flag  Portuguese,  the  vessels  the 
property  of  Juan  Cavallo,  a  Portuguese  merchant  at  Macao ;  commanded 
by  Portuguese  captains,  under  instructions  in  the  Portuguese  language, 
to  seize,  under  certain  circunistances,  PiUglish  vessels,  ani  bring  them 
into  Macao  for  condemnation.  All  this  was  done,  says  Meares  in  his 
memorial,  to  avoid  the  payment  of  port  charges  at  Macao.  But  it  must 
be  borne  in  mind  that  after  Meares  left  Macao,  he  gave  to  Douglass,  the 
supercargo  of  the  Iphigcnia,  the  same  instructions  that  the  merchant 
proprietors  had  given  him.  The  vessels  retained  their  national  character 
while  lying  at  Nootka ;  and  when  Martinez,  after  having  held  possession 


of  the 
flag,  w) 
Felice  hi 
Suppose! 
for  a  feA 
on  the 
sovereigi 
had  littef 
istered 
sels,  witl 
as  the  p| 
ject  was! 
operatioi 
by  theirl 
on  arriv 
by  anotl 
country 
moment 
of  Franc 
ish  S7ihj( 
in  his  in 
flag  he 
from  hii 
his  own 
right  of 
for  himi 
instruct: 
the  exp( 
have  b( 
have  be 
the  ves! 
ance,  1 
tional  1 
Vatt( 
with  a  I 
lands  ii 
nation : 
lowed  h 

MISSIOI 

from  tl 
seems 
crew, 
tract  a 
the  ac 
contcn 
were 
aband 


BRITISH   CLAIM   TO  OREdON. 


31 


the  Northwest 
d  by  Martinez, 
•und,  under  the 
f  the  failure  of 
lez  determined 
unt  of  the  bills 
Iphigenia.  On 
a  cruise.  As 
cao.  She  was 
1  Colnett,  upon 
■med  Martinez 
fort  under  the 
y  occupied  by 

tt  to  an  inter- 
Itercation  took 
3  the  arrest  of 
i,  the  Princess 
On  the  day 
British  prison- 
mt  and  crew, 
lassengers  on 
ca,  by  way  uf 
lick  remained 
left  for  San 
The  Colum- 
Argonaut  and 
mediately  re- 
r  this  object, 
bstantiate  the 

sited  facts,  is 
>ve  reign ty  to 
It  Nootka,  in 

lie  fur  trade, 
>rt  beloneinir 
e  vessels  the 
commanded 
e  language, 
bring  them 
:iares  in  his 
But  it  must 
ouglass,  the 
e  merchant 
il  character 
cJ  possession 


of  the  Iphigenia,  released  her  in  May,  1789,  xhc  hoisted  the  Forluguese 
flag,  while  she  remained  in  Friendly  Cove,  and  li'fi  the  sound,  as  the 
Felice  had  done  Icforc  her.  lo  all  intents  and  purposes  a  Portuguese  ship. 
Suppose,  for  the  sakeof  argumont,  that  Meai'os  had  bought  Nootka  Sound 
for  a  few  sheets  of  copper ;  suppose  ho  iuul  taken  possession  of  the  coast 
on  the  Straits  of  Fuca  ;  by  what  authority  could  England  claim  right  of 
sovereignly  in  virtue  of  such  acts  ?  Suppose  some  merchants  in  liondon 
had  fitted  out  a  small  fleet,  under  the  command  of  English  subjects,  reg- 
istered as  English  vessels,  paying  duties  and  port  charges  as  English  ves- 
sels, with  instructions  in  \]w  English  language,  and  the  vessels  entered 
as  the  property  of  well-known  English  mcnchants  ;  suppose  that  the  ob- 
ject was  to  prosecute  a  new  and  lucrative  branch  of  trade,  and  the  trading 
operations  to  be  conducted  strictly  in  accordance  with  instructions  given 
by  their  English  proprietors,  and  all  intrusted  to  a  Frenchman,  and  he, 
on  arriving  at  his  destination — a  country  discovered  and  j)artly  occupied 
by  another  power — should  hoist  ihe  French  flag  and  take  possession  of  the 
country  in  the  name  of  tlu;  king  of  France  ; — does  any  one  believe,  ibr  a 
moment,  that  the  right  of  sovereignty  could  be  thus  acquired  for  the  king 
of  France  ?  Yet  this  is  precisely  the  case  with  Meares.  He  was  a  Brit- 
ish subject,  and  might  have  an  undoubted  right  to  any  property  he  could, 
in  his  individual  capacity,  acquire  by  purchase  or  barter,  no  matter  what 
flag  he  was  sailing  under  ;  and  should  that  property  be  forcibly  taken 
from  him  by  a  national  vessel  bearing  another  flag,  he  could  memorialize 
his  own  Government,  to  obtain  a  proper  indemnity  for  his  losses.  But  the 
right  of  sovereignty,  according  to  the  laws  of  nations,  he  could  not  acquire 
for  himself  or  his  prince,  while  sailing  under  another  flag,  and  under 
instructions  to  capture  the  ships  and  subjects  of  his  sovereign.  In  fact, 
the  expedition  was  a  Portuguese,  not  an  English  one,  and  whatever  might 
have  been  accomplished  in  the  way  of  discovery  or  of  occupancy,  must 
have  been  under  the  protection,  and  for  the  benefit,  of  the  nation  to  which 
the  vessels  belonged,  according  to  the  evidence  of  her  papers,  her  clear- 
ance, her  instructions,  the  recorded  ownership,  etc.  This  is  interna- 
tional law — such  as  would  be  in  all  cases  enforced  by  England. 

Vattel,  (page  99.)  expressly  says  :  "  Navigators  on  voyages  of  discovery 
with  a  commission  from  their  sovereign,  and  meeting  with  islands  or  other 
lands  in  a  desert  state,  have  taken  possession  of  them  in  the  name  of  their 
nation ;  and  this  title  has  been  usually  respected,  provided  it  was  soon  fol- 
lowed hy  a  real  possession."  Now  we  contend  that  Meai'es  had  not  a  com- 
mission from  his  sovereign,  that  he  was  not  on  a  voyage  of  discovery — that 
from  the  day  the  vessels  left  Macao,  bound  on  the  expedition  of  which  he 
seems  to  have  had  the  charge,  the  vessels,  and  of  course  the  officers  and 
crew,  were  under  the  Portuguese  flag  ;  that  Meares  did  not  purchase  a 
tract  of  land,  and  that  he  erected  no  othei  building  save  a  hut,  built  for 
the  accommodation  of  the  workmen  while  the  vessels  lay  at  Nootka.  We 
contend,  that  in  1799,  when  the  Spanish  took  possession  of  Nootka,  they 
were  the  first  to  occupy  the  island,  and  that  when  in  179r>  the  Spaniards 
abandoned  Nootka,  thev  lost  not  their  right  lo  the  sovereignty  of  Oregon 


82 


BRITISH   CLAIM   TO  OREGON 


Territory,  for  this  reason,  aruonjv  many  others  equally  cogent : — that  Eng- 
land  has  never  since  that  date  occupied  it,  in  such  manner  as  to  acquire 
title  as  against  Spain  or  us.  Wy  Drake's  and  Meares's  operations  then, 
England  can  claim  no  right  of  sovereignty  over  Oregon  ;  and  wo  have 
'■hown  timt  the  English,  prior  to  the  treaty  of  1790,  had  no  right  of  sove- 
reignty to  any  portion  of  that  territory  It  is  therefore  very  certain,  that 
they  have,  at  this  day,  such  rights  and  privileges  only  as  they  dcnvcd 
from  the  third  and  fifth  articles  of  the  treaty  aforesaid  ;  hy  wliich  the 
subjects  of  Great  Britain  were  permitted  to  navigate,  and  fish  in  the 
North  Pacific  ;  to  trade  or  settle  for  jjurpcscs  of  trade,  in  unoec;upied  parts 
of  the  western  American  coasts,  north  of  the  parts  occupied  by  the  Span- 
iards before  April,  1789  ;  and  to  have  free  access  to  any  Spanish  sottle- 
inenis  on  the  parts  thus  designated. 

We  have  thus  far  given  an  account,  taken  of  course  from  British  au- 
thorities, of  the  voyages  of  Sir  F.  Drake  and  of  John  Meares.  The  right 
of  sovereignty  to  Oregon  Territory  has  been  claimed  by  Great  Britain, 
on  the  grounds  following :  1st.  From  discovery  hy  Drake.  2nd.  Prior 
occupation  by  Meares.  Drake,  when  he  sailed  from  England,  sailed  un- 
der the  British  flag,  and  it  was  given  out  that  his  little  fleet  was  bound 
to  Egypt.  From  his  own  account,  it  appears,  however,  that  he  had  heard 
that  many  of  the  Spanish  settlements  on  the  western  coast  of  South  Ame- 
rica were  so  poorly  manned,  that  they  would  fall  an  easy  prey  to  an  un- 
expected invader.  Spain  and  England  were  at  this  time  at  peace,  and  if 
Drake  had  fallen  into  the  hands  of  the  Spaniards,  he  would  undoubtedly 
have  been  condemned  and  executed  as  a  pirate,  as  his  mate  afterward 
was,  and  could  have  claimed  no  protection  from  the  English  government. 
That  he  did  seize  upon  their  vessels,  and  rob  and  pillage  their  settlements, 
there  is  no  question.  He  was  a  pirate  and  an  outlaw  ;  and  if  he  had,  by 
the  accounts  left  us  of  his  voyages,  given  such  a  description  of  the  coast 
and  of  the  climate,  as  would  satisfy  the  world  that  he  did  discover  any 
portion  of  the  Oregon  Territory,  his  prior  piratical  acts  would  have  been 
an  eflectual  bar  against  the  English  claims  derived  from  such  acts. 
From  the  before-mentioned  facts,  it  must  be  remembered,  however,  that 
he  did  not  accurately  describe  any  part  of  the  coast,  and  that  the  descrip- 
tion he  gave,  would  only  apply  to  the  polar  region,  which  he  had  not 
time  to  reach,  and  not  to  the  sunny  shores  of  Oregon.  But  we  are  se- 
cured on  this  point  hy  the  British  Foreign  Review  for  1844.  The  writer 
observes:  "Although  England  has  disputed  the  claims  of  Spain  to  the 
Northwest  Territory,  we  really  (iannot  find  any  ground  for  attributing 
the  discovery  to  Sir  Francis  Drake."  The  same  writer  further  observes: 
"  It  is  now  too  late  to  inquire,  whether  Cnptain  Meares  and  his  companions 
were  juslifir.d  in  cstahlishing  themselves  u[)on  a  territory,  to  the  coloniza- 
tion of  wliieh  Spain  may  have  had  tlu;  prior  right  by  discovery.  The 
British  govennricnt  demandefl  and  receive<l  satiisfaction  from  Spain,  for 
the  seizure  complained  of,  and  the  (piarrcd  was  terminatiid  by  a  treaty." 
We  beg  leave  to  ditfor  from  the  writer,  and  to  say  that  it  is  not  too  late  to 
inquire   whether   England  had   any  rigfit  fo  the  territory   prior  to  the 


BRITISH   CLAIM   TO   OREGON. 


33 


It :— that  Enff. 

as  to  acquire 
(M-ations  then, 

and  wo  have 
rijrlit  of  sove- 
y  certain,  that 

Uiey  donvod 

hy  wliich  the 
i()  fish  in  the 
>cciij)ic(l  parts 

by  the  Span-      ', 
Spanisii  scttle- 

m  F^ritish  au- 
The  right 
ixroat  Britain, 
2nd.  Prior 
id,  sailed  un- 
ci was  bound 
he  had  heard 

South  Ame- 
roy  to  an  un- 
peace,  and  if 

undoubtedly 
ite  afterward 
government. 
■  settlements, 
if  he  had,  by 
1  of  the  coast 
iiscover  any 
Id  have  been 
n  such  acts, 
lowever,  that 

the  descrip. 

he  had  not 
t  vve  are  se- 

The  writer 
S[)ain  to  the 
•  attributing 
or  observes : 
s  cojnpanmis- 
Hi  coloniza- 
•very.  The 
n  Sjjain,  for 
y  a  treaty.'" 
Dt  too  late  to 
irior  to  the 


treaty  ;  f^r  if  she  had  not  then  the  right,  she  ha-;  none  m\v.  for  surely  tlio 
treaty  conferred  none  which  can  avail  as  auaiiis!  our  pretensions.  We 
claijn  th(^  sovereignty  over  the  Territory  of  Oregon,  from  latitude  42° 
north  to  latitude  54°  40'  north.  And  we  sluill  .see,  as  we  advance  with 
this  discussion,  on  what  this  claim  is  ba.sed. 

Having  ascertained  that  the  claim  of  prior  discovery  hy  Sir  Francis 
Drake  carniot  be  substantiated;  that  there  is  no  proof,  save  in  the  asser- 
tion of  Meares,  that  he  could,  or  did  acquire  fov  Britain  any  right  by  occu- 
pation ;  and  that  the  evidence  even  from  his  own  journal,  is  on  that  point 
conclusive  against  him,  the  British  government  have  shifted  their  ground, 
and  now  declare  as  follows:  Since  ITOt),  I^ngland  has  not  elaimeil  any 
exclusive  right  of  sovereignty  over  the  territory  in  question  ;  neither  does 
she  7io?(^  claim  any  exclusive  sovereignty  from  the  4'2nd  to  the  49th  degree 
of  north  latitude.  She  claims  the  right  of  joint  occupancy  in  common 
with  other  States,  leaving  the  right  of  exclusive  .sovereignty  in  abeyance, 
"  for,"  say  the  British  commissioners,  "  valuable  British  interests  have 
grown  up  in  those  counties  since  1790.  To  those  interests  Great  Britain 
owes  protection,  and  that  protection  will  be  given,  both  as  regards  .settle- 
ment, and  freedom  of  trade  and  navigation.  All  the  title  that  the  United 
States  could  derive  from  Spain,  amounts  to  nothing  more  than  the  rights 
secured  to  her  (Spain)  in  common  with  Great  Britain,  by  the  convention 
of  1790."  The  discoveries  then  of  Alarcon,  in  1540,  of  Coronado  the 
same  year,  of  Cabrillo  in  1543,  of  Ferrelo  in  1544,  of  Aquilar  in  1603,  of 
Perez  and  Martinez  in  1774,  of  Quadra  in  1775,  the  explorations  of  the 
islands  and  main  coa.st  between  Vancouver's  island  and  latitude  50°  north, 
all  these  can  give  no  right  of  sovereignty  to  Spain,  or  if  they  did,  she 
lost  all  that  right  bv  the  treaty  of  the  Escurial  ! 

We  shall  go  at  length  into  this  treaty  of  the  Escurial.  Wo  shall  at- 
tempt to  show  what  were  the  complaints,  demands,  and  claims  of  Great 
i^ritain  ;  what  were  the  concessions  of  Spain  ;  what  the  objec*:  and  inten- 
tions of  the  treaty  ;  and  more  than  all  these,  what  were  the  opinions  of 
those  who  made  the  treaty,  as  to  what  rights,  privileges,  and  advantages, 
Great  Britain  obtained  by  it.  Let  the  reader  bear  in  mind,  while  peru- 
sing  the  "Declarationof  Spain  to  the  European  courts,"  the  memorial  of 
Spain  to  the  British  embassador  at  the  court  of  Madrid — the  answer  of  the 
embas.sador — the  "  Reply  of  Spain  ;"  the  "  Declaration"  and  the  '•  coun- 
ter Declaration,"'  that  although  Spain  continued  throughout  the  whole 
negotiation  to  reiterate  her  right  to  the  sovereignty  of  the  nortiiwcst  coast, 
and  althouiih  after  the  terms  of  the  treaty  were  agreed  upon,  in  tlio  De- 
claration it  is  distinctly  set  forth,  as  being  understood  l)y  the  h.igh  contract- 
ing parties,  that  nothing  in  the  said  "  Declaration  should  preclude  or  preju- 
dice fhe  ullerlor  discusnion  of  aiii/  r/<xlit,  which  his-  majesii/  of  Spain  wiuj 
claim,  (0  form  an  exclusive  seiilement  at  Nootka.  Let  the  reader  bear  in 
mind,  that,  after  the  lapse  of  half  a  century,  it  is  gravely  asserted  that 
this  very  treaty  settled  all  differences  between  England  and  Spain,  with 
respect  to  priority  of  discovery  and  the  right  of  sovereignty  to  the  Oregon 
Territory  !     And  this  too,  altiiougli'pcnUing  the  whole_,_negotiatioa,  every 


3 


84 


BRITISH   CLAIM   TO  OREGON. 


communication  received  from  Spain  on  the;  sul)joct  of  restoration  of  prop- 
erty,  of  indemnity  for  pecuniary  losses,  or  satisfaction  for  the  insulted 
honor  of  England,  contained  a  savinu;  clause — that  the  said  restoration 
granted,  the  said  indemnity  allowed,  and  the  said  satisfaction  given, 
shouIJ  not  affect  the  rights  of  Spain.  Yet  according  to  the  construction 
put  upon  the  treaty,  by  modern  English  (lij)loniatists,  Spain  is  said  to 
have  lost  the  very  right  she  had  so  sedulously  reserved.  The  following 
paper  is  the  Declaration  of  his  Catholic  majesty,  dated  .June  4,  1790, 
which  was  transmitted  to  all  the  European  courts,  and  is  a  brief  state- 
ment cf  the  matter  in  dispute,  and  of  the  rights  of  Spain  to  the  territories 
in  the  South  Sea. 

Declaration  of  his  Catholic  Majest?,  June  4,  1790,  transmitted  to 

ALL  THE  European  Courts.* 

"  The  king,  being  apprised  of  the  particulars  laid  before  his  ministers 
on  the  16th  of  May,  by  Mr.  Merry,  his  Britannic  majesty's  minister,  rel- 
ative to  the  unexpected  dispute  between  this  court  and  Great  Britain, 
as  to  the  vessels  captured  in  Port  St.  Lorenzo,  or  Nootka  Sound,  on  the 
coast  of  California  in  the  South  Sea,  has  commanded  the  undersigned,  iu^ 
majesty's  first  secretary  of  state,  to  answer  to  the  said  minister  of  Eng- 
land, that  he  had  the  honor  to  make  known  personally,  and  in  writing,  to 
the  said  minister,  upon  the  16th  of  the  same  month,  that  his  majesty  at 
no  time  pretended  to  any  rights,  in  any  ports,  seas,  or  places,  other  than 
what  belong  to  his  crown  hy  the  most  solemn  treaties,  recognized  by  all  na- 
tions, and  more  particularly  toith  Great  Britain,  by  a  right  founded  on  par- 
ticular treaties,  the  uniform  consent  of  both  nations,  and  by  an  immemorial, 
regular,  and  established  possession  ;  that  his  majesty  is  ready  to  enter  upon 
every  examination  and  discussion,  most  likely  to  terminat ;  the  dispute  in 
an  amicable  way  ;  and  is  willing  to  enter  into  immediate  conference  with 
the  new  embassador;  and,  if  justice  requires  it,  will  certainly  disapprove 
the  conduct,  av  '  unish  his  subjects,  if  they  have  gone  beyond  their 
powers.  This  ui.^r  and  satisfaction  will,  it  is  hoped,  serve  as  an  example 
to  the  court  of  London,  to  do  the  same  on  its  part. 

As  the  two  courts  of  London  and  Madrid  have  not  yet  received  proper 
and  authenticated  accounts  and  proofs  of  all  that  has  really  passed  in 
those  distant  latitudes,  a  contradiction  in  the  development  of  facts  has,  by 
this  means,  been  occasioned.  Even  at  this  moment,  the  papers  and 
minutes  made  up  by  the  viceroy  of  New  Spain,  on  this  matter,  are  not 
arrived.  Posterior  letters,  indeed,  say  that  the  English  vessel,  the  Argo- 
naut, had  not  been  seized  and  confiscated  till  legally  condemned,  and  that 
the  small  vessel,  called  the  Princess  Royal,  which  had  afterward  arrived, 
was  not  seized  or  confiscated  ;  but  that,  on  the  contrary,  full  restitution 
was  made  by  the  viceroy,  and  an  obligation  only  taken  from  the  captain, 
to  pay  the  price  of  the  vessel,  if  she  was  declared  a  lawful  prize  ;  and  on 
the  precise  same  terms,  he  had  liberated  a  I'ortuguese  vessel   belonging 

I) 

iiir<«ii;    *  I'ftfliBraentnry  Hiitory,  ^^^^ 


1 


to  Macao, 
implicitly 

"  The  t 
matter  to  i 
the  circun 
and  immeri 
other  titles 
quite  certa. 
to  the  con 
Spam  rega 
desire  to  t 
of  unneces 
tone  and  n 
at  a  time 
made  the  I 
not  so  rm 
break  enti 
to  take  son 

"On  a 
some  simil 
did  answei 
out  the  lea 
the  maruio 
have  takeii 

"Nevert 
dustriously 
rcignty  ove 
are  made  i 
and  exclus 
it  is  the  m£ 
used  these 
belong  to  h 
him  by  trei 
notwithstaw 
upon  knouh 
any  possess 

"  Althotii 
coasts  or  in 
not  belong  1 
J'sh  colonici 
which  mean 
■wrd. 

"  But  w> 
considcrati( 
fact  is,  thai 
that  has  be 
cation  of  8 


BRITISH   CLAIM    TO  OREGON. 


85 


)ration  of  prop- 
r  tho  insulted 
aid  restoration 
ifaction  "^iven, 
le  construction 
•a in  is  said  to 
The  following 
Juno  4,  1790, 
I  a  brief  state- 
t  the  territories 


RANSMITTED  TO 


3  his  ministers 
s  minister,  rel- 
Great  Britain. 
Sound,  on  the 
ndersigned,  jho 
inister  of  Eng- 
d  in  writing,  to 


his  majesty  at     I 
ces,  other  than    { 
lized  by  all  na- 
ounded  on  par- 
an  immemorial. 
y  to  enter  upon    | 

the  dispute  in  l 
onference  with  | 
nly  disapprove    I 

beyond  their 
as  an  example 


eceived  proper 
ially  passed  in 
f  facts  has,  by 
le  papers  and 
natter,  are  not 
?sel,  the  Argo- 
Tined,  and  that 
[•ward  arrived, 
full  restitution 
m  tho  captain, 
prize  ;  and  on 
jscl   belonging 


to  Macao,  and  two  American  vessels.     These   particulars  will    be   more 
implicitly  proved  and  elucidated,  on  ihe  arrival  of  the  necessary  papers. 

"  The  tirsi  time  that  our  embassador  made  a  puhlic  notification  of  this 
matter  to  the  ministry  at  London,  on  the  10th  of  l-'ebruary  last,  many  of 
the  cireujnslances  that  are  now  certain,  were  therj  doubtful.  The  rights 
and  immemorial  possession  of  Spain  to  that  coast  and  ports,  as  well  as  several 
other  titles  proper  to  be  taken  into  view,  in  a  pacijir  ncirotiation,  were  not 
quite  certain.  And,  if  the  court  of  London  had  made  an  amicable  nsturn 
to  the  cotnplaints  made  by  his  majesty,  relative  to  tho.se  merchants  whom 
Spain  regards  as  usurpers,  and  the  violators  of  treaties,  and  had  shown  any 
desire  to  terminate  the  allair  by  an  amicable  accommodation,  a  great  deal 
of  unnecessary  expense  might  have  been  saved,  '^he  high  and  menacing 
tone  and  manner,  in  which  the  answer  of  the  British  minister  was  couched, 
at  a  time  when  no  certain  information  of  the  particulars  had  arrived, 
made  the  Spanish  cabinet  entertain  some  suspicions,  that  it  was  made, 
not  so  much  for  the  purpose  of  the  dispute  in  question,  as  a  pretext  to 
break  entirely  with  our  court,  for  which  reasons  it  was  thought  necessary 
to  take  some  precautions  relative  to  the  subject. 

"  On  a  late  occasion,  a  complaint  was  made  to  the  court  of  Ru.ssia,  as  to 
some  similar  points,  relative  to  the  navigation  of  the  South  Sea.  A  can- 
did answer  being  returned  by  that  court,  the  afHiir  was  terminated  with- 
out the  least  disagreemcMit.  Indeed,  it  may  be  asserted  with  truth,  that 
the  marmer,  much  more  than  the  substance,  has  produced  the  disputes  that 
have  taken  place  on  this  h  :ad  with  Great  Britain. 

"Nevertheless,  the  king  does  deny  what  the  enemies  to  peace  have  in- 
dustriously circulated,  that  Spain  extends  pretensions  and  rights  of  sove- 
reignty over  the  whole  of  the  South  Sea,  as  far  as  China.  When  the  words 
are  made  use  of,  '  In  the  name  of  the  king,  his  sovereignty,  navigation, 
and  exclusive  commerce  to  the  Continent  and  Islands  of  the  South  Sea,' 
it  is  the  manner  in  which  Spain,  in  speaking  of  the  Indies,  has  always 
used  these  words,  that  is  to  say  :  to  the  Continent,  islands,  and  seas,  tvhich 
belong  to  his  majesty,  so  far  as  niscovERiES  have  been  made  and.  secured  to 
him  by  treaties  and  immemorial  possession,  and  uniformly  acquiesced  in, 
notwithstunding  some  infringements  by  individuals,  who  have  been  punished 
upon  knowledge  of  their  offences.  And  the  king  sets  up  no  pretensions  to 
any  possessions,  the  right  of  which  he  cannot  prove  by  irrefragible  titles. 

'•  Although  Spain  may  not  have  establishments  or  colonies  planted  upon  the 
coasts  or  in  the  ports  in  disjnUe,  it  does  not  follow  thai  such  coast  or  porld^)es 
not  belong  to  her.  If  this  rule  were  to  be  followed,  one  nation  might  estab- 
J'sh  colonies  on  the  coast  of  another  nation  in  America,  Asia,  and  Europe,  by 
which  means  there  would  be  no  fixed  boundary — a  circumstance  evidently  ab- 
surd. 

"  But  whatsover  m^'V  be  the  issue  of  the  ([uesfion  ot"  right  upon  a  mature 
consideration  of  tho  claims  of  both  parties,  the  result  of  the  qu^.stion  of 
fact  is,  that  the  captain  of  the  English  vessel  is  repaired  by  the  restiluiion 
that  has  been  made,  and  the  conduct  of  the  viceroy  ;  for  as  to  the  qualifi- 
cation of  such  restitution,  and  whether  the  prize  was  lawful  or  not,  that 

3j 


3(i 


BRITISH   CLAIM   TO   OREGON. 


!   ^ 

I   A 


respects  the  question  of  right  yot  to  he  investigated,  that  is  to  say,  if  it  has  ^ 
been  agreeahlv  to,  or  in  contra(Hction.  to  the  treaties  relative  to  the  rights 
and  possessions  of  Spain.  Lastly,  the  king  will  readily  enter  into  any 
plan  hy  which  future  disputes  on  this  subject  may  be  obviated,  that  no  re. 
proach  may  be  upon  him,  us  having  refused  any  means  of  reconciliation 
and  for  the  establishment  of  a  solid  and  i)ermanent  peace,  not  oidy  be- 
tween Spain  and  (Jreat  [Britain,  but  also  between  all  nations;  for  the  ac- 
coiDplishment  of  uhiu)i  object,  his  majesty  has  made  the  greatest  efl()rts  in 
all  the  courts  of  Eufope,  which  he  certainly  would  not  have  done  if  he 
had  any  design  to  involve  England,  and  the  other  European  powers,  in  a 
calamitous  and  destructive  war. 

"  El  Condp:  dk  Florida  Banca. 
"  AuANGUEz,  June  4."' 

In  this  memorial,  addressed  to  the  several  courts  of  Europe,  are  se' 
forth,  clearly  and  distinctly,  the  rights  and  claims  of  Spain  to  the  territory 
in  dispute.     '•  Prior  discovery,''  "  uniform  consent  of  both  '^ations,"  "  par- 
ticulartreaties,"  (as  of  Utrecht,)  "  an  immemorial,  regular,  and  established! 
possession,"  are  advanced  as  the  grounds  of  these  claims. 

In  the  following  memorial  of  the  court  of  Spain,  delivered  to  the  Eng- 
lish embassador  at  Madrid,  June  13th,  the  subject  of  the  right  of  Spain 
is  treated  of  more  fully,  and  in  this,  as  well  as  in  the  preceding  paper,  the 
right  of  sovereignty  over  that  coast  is  constantly  maintained. 

"  Memorial  of  the  Court  of  Spain,  delivered  June  13,  to  Mr.  Fitz- 

HERBERT,  THE  BRITISH  EMBASSADOR  AT  MaDRID. 

"  By  every  treaty  upon  record,  between  Spain  and  the  other  nations  oj 
Etir  pe,  for  upward  of  two  centuries,  an  exclusive  right  of  property,  navi- 
gation and  commerce,  to  the  Spanish  West  Indies,  (Sj)anish  America,)  hai 
been  uniformly  secured  to  Spain,  England  having  ahcays  stood  forth,  in  a 
particular  manner,  in  support  of  such  7'ighls. 

"  By  Article  Eighth  of  the  treaty  of  Utrecht — a  treaty  in  which  all  the- 
European  nations  may  be  said  to  have  taken  a  part — Spain  and  England 
profess  to  establish  it,  as  a  fundamental  principle  of  agreement,  that  the 
navigation  and  commerce  of  the  West  Indies,  under  the  dominion  of  Spain, 
shall  remain  in  the  precise  same  situation  in  ivhi.ch  they  stood  in  the  reign  of 
his  Catholic  majesty,  Charles  II.,  and  that  that  rule  shall  be  inviolably  ad- 
hered to,  and  be  incapable  of  infringement. 

"  After  this  maxim,  the  two  powers  stipulated  that  Spain  should  never 
grant  liberty  or  permission  to  any  nation  to  trade  to,  or  introduce  their 
merchandise  into,  the  Spanish  American  dominions,  or  to  sell,  cede,  or 
give  up  to  any  other  nation,  its  lands,  dominions,  or  territories,  or  any  par; 
thereof.  On  the  contrary,  and  in  order  that  its  territories  should  be  pre- 
served whole  and  entire,  England  offers  to  aid  and  assist  the  Spaniards  ii. 
re-establishing  the  limits  of  their  American  dominions,  and  placing  them 
in  the  exact  situation  tl.gy  stood  in,  at  the  time  of  his  said  Catholic  ma- 
jesty, Charles  II.,  if,  by  accident,  it  shall  be  discovered  that  ihey  havo 


undergone 
or  pretext  s 
•«  The  va 
the  Contine 
are  clearly 
and  formal 
dearly  nsci 

VENTURERS 

islands,  Sp 
success  the-' 
possession  ( 
possession, 

THE  I50RDE1 

"  The  vi 

seas  had  b 

smuggling 

and  the  g^ 

orders  thai 

adjacent,  s 

"  They 

point  of  m 

that  Spain 

encroachn 

suppositioi 

to  make  es 

Spaniards 

liam's  Str 

the  harmo 

"Thec( 

subjects  si 

and  that  i 

Spanish  A 

friendly  n 

observed, 

do,  at  that 

mit  any  s( 

merica.' 

"  Thou 
of  those  ct 
to  the  cou 
ored  to  \r 
till  the  c( 
of  Califoi 
bor,  whei 
permittee! 
they  were 
"  He  £ 


BRITISH   CLAIM   TO   OREGON. 


37 


to  say,  if  it  has  ''^ 
vo  to  the  riirlus 
ontor  into  anv 
atod,  that  no  ro. 
roconciliatioii 
■0,  not  only  bo- 
ms  ;  for  tho  ac- 
•t'atest  otI(3rts  in 
five  tlono  if  he 
an  powers,  iu  a 

)RiDA  Banca. 


'^urope,  are  sc 

to  the  territory 

'nations/'  "  par- 

and  establisheii 

red  to  the  Eng-    v. 

right  of  Spain    1 

3ding  paper,  the 

ed.  ^ 

3,  TO  Mr.  Fitz. 
:ID.  •         ^ 

other  nations  oj 
^  j)roperty,  navi- 
1  America,)  hai 
Hood  forth,  in  a 

in  which  all  the  I 

in  and  England  | 

enient,  that  the  ? 

ninion  of  Spain,  j 

I  in  the  reign  qi  | 

e  inviolably  ad-  | 


in  should  never 
introduce  their 

0  sell,  cede,  or 
ios,  or  any  par: 

should  be  pre- 
le  Spaniards  i:: 
!  placing  them 

1  Catholic  ma- 
that  they  have 


undergone  any  alteration  to  tlu;  jirrjudicc  of  Spain,  in  '.vliu'ovor  maDuer 
or  pretext  such  alteration  may  have  been  brought  alioi;t. 

••  TIjo  vast  extent  of  tho  Sjianish  territories,  navigation  and  dominion  en 
tho  Continent  of  America,  and  isles  and  seas  contiguoiii-  t -•  the  South  Sea, 
are  clearly  laid  dov.ii  and  authenticated  by  a  variety  of  (l<r<  uiiKUt*,  laws 
and  formal  acts  of  possession,  in  the  reign  of  Kir.g  Charh  <;  II.  It  /.v  ^//lo 
dearly  ascertained  that,  notwilhstanding  the  repealed  nUeinjiU  inadr  irg  ad- 
venturers and  j)irates  on  the  Spanish  coasts  of  f he  Soi.l.h  Sea.and  adiac.'nt 
islands,  Spain  has  still  preserved  her  possessions  entire,  and  opposed  wilk 
success  these  usurpations,  by  constantly  sending  her  ahips  and  rcssels  to  take 
possession  of  such  settlements.  By  these  tneasures,  and  reitcrrted  ads  of 
possession,  Spain  has  preserved  lie r  dominion,  which  she  has  extended  to 

THE  BORDERS  OF  THE  RlISSIAN  ESTA  DLISIIMENTS  IN  THAT  PART  OF  THE  "WORLD. 

"  The  viceroys  of  Peru  and  New  Spain,  having  been  informed  tiiat  these 
seas  had  been,  for  some  time  past,  more  frc(|Ucntod  than  formei'ly  ;  that 
smuggling  had  increased  ;  that  several  usurpations,  prejudicial  to  Sjtaiii 
and  the  general  tranquillity,  had  been  sutVered  to  be  made  ;  they  gave 
orders  that  the  western  coasts  of  Spanish  America,  and  islands  and  seas 
adjacent,  should  be  more  frequently  navigated  and  explored. 

"  They  were  also  informed,  that  several  Russian  vessels  were  upon  tho 
point  of  making  commercial  establishments  upon  that  ena>t.  At  the  time 
that  Spain  demonstrated  to  Russia  the  inconveniences  attendant  upon  such 
encroachments,  she  entered  upon  the  negotiation  with  Russia  upon  t!ie 
supposition  that  the  Russian  navigators  of  tlie  Pacific  Ocean  had  no  orders 
to  make  establishments  within  the  limits  of  Spanish  America,  of  which  tho 
Spaniards  were  the  first  possessors,  (limits  situated  witiiin  Prince  Wil- 
liam's Strait)  purposely  to  avoid  all  dissensions,  and  in  order  to  maintain 
the  harmony  and  amity  which  Spain  wished  to  preserve. 

"  The  court  of  Russia  replied, '  It  had  already  given  treaty  orders,  that  its 
subjects  should  make  no  settlements  in  places  belonging  to  o^'er  powers; 
and  that  if  those  orders  had  been  violated,  and  any  had  boon  made  in 
Spanish  America,  they  desired  the  king  would  ))ut  a  stop  to  them  in  a 
friendly  manner.'  To  this  Pacific  language,  on  the  part  of  Russia,  Spain 
observed,  '  That  she  could  not  be  answerable  fur  what  her  ollicers  might 
do,  at  that  distance,  whose  general  orders  and  instructions  were,  not  to  per. 
mit  any  settlement  to  be  made  by  other  nations  on  tho  Continent  of  Spanish 
merica.' 

"  Though  trespasses  had  been  made  by  the  English  on  some  if  (he  islands 
of  those  coasts,  lohich  had  given  rise  to  siinilar  complaints  having  been  made 
to  the  court  of  London,  Spain  did  not  know  tliat  the  English  had  endeav- 
ored  to  make  any  seUlements  on  the  northern  part  of  the  Southern  Ocean, 
till  the  commanding  oOicer  of  a  Sjianish  ship  in  the  usual  lour  of  the  coasts 
of  California,  found  two  American  vessels  in  St.  Lorenzo,  or  Nootka  Har- 
bor,  where  he  was  going  for  provisions  and  stores.  These  vessels  he 
permitted  to  proceed  on  their  voyage,  it  appearing,  from  their  papers,  that 
they  were  driven  there  by  distress,  and  only  came  in  lo  reft. 

"  He  also  found  there  the  ship  Iphigenia  from  Macao,  under  Portuguese 


38 


URITISH  CIiAIM   TO  OREflON. 


he  saw  his  instructions,  frnvv  him  Ifuvf  to  drpart  upon  his  siijnin;:;  an  on- 


to 


th 


.ftl 


;l,  should  fho  G( 


\\  (loch 


colors,  which  had  a  jmnsprtrl  from  the  (fmier*  tr.  (of  Macao)  and  thoujih  he      ■    cmhassadoi 
came  vianifvslhi  with  the  view  to  trade  there,  yet  tho  Spanish  admiral,  whon      rl   nocossarily 

niont  had  !• 

"  111  add! 
added,  thai 
respect  to  a 
lull  detail 
stylo  in  w 
that  the  kii 
they  were 


vcsse 
it  a  lawful  prize. 

"  With  this  vessel  there  came  a  second,  which  the  admiral  detained,  an(i 
a  few  days  after  a  third,  tmmed  the  Argonaut,  f'rom  tho  above-mentioned 
place.  The  captain  of  this  latter  was  an  Englishman,  lie  came,  not 
oidy  to  trade,  hut  hrotight  everything  with  him  proper  to  form  a  skttlkment 
there,  and  to  fortify  it.  'I'his,  notwithstandiufj  the  remonstrances  of  the 
Spanish  admiral,  he  persevered  in,  and  was  detained,  together  with  his 
vessel. 

"  After  hii.i  came  a  fourth  E^^iglish  vessel,  named  the  Princess  Royal, 
and  evidently  for  the  same  purposes.  She,  likewise,  was  detained  and 
sent  to  Fort  San  Bias,  where  the  pilot  of  the  Argonaut  made  away  with 
himself.  The  viceroy,  on  being  informed  of  these  j)articulars,  gave  or- 
ders that  till'  captain  and  the  vessels  should  be  released,  and  that  they 
should  have  leave  to  r(>f)t.  without  declaring  them  a  lawful  prize  ;  and 
this  he  did  on  account  of  the  ii^norancc  of  the  proprietors,  and  the  friendship 
which  subsisted  between  the  two  courts  of  London  and  Madrid. 

"  He  also  gave  thetn  leave  to  return  to  Macao  with  their  cargo,  after 
capitulating  with  them  in  the  same  manner  as  with  the  Portuguese  cap- 
tain ;  and  leaving  the  atl'uir  to  be  finally  determined  by  the  Count  de 
Revillagegido,  his  successor,  who  also  gave  them  their  liberty. 

"  As  soon  as  the  court  of  Madrid  had  received  an  account  of  the  deten- 
tion of  the  first  English  vessel  at  Nootka  Sound,  and  before  that  of  the 
second  arrived,  it  ordered  its  eml)assador  at  London  to  make  a  report 
thereof  to  the  English  minister,  which  he  did  on  the  10th  of  February 
last ;  and  to  require  that  the  parties  who  had  planned  these  expeditions 
should  be  punished,  in  order  to  deter  others  from  making  settlements  on  ter- 
ritories occupied  and  frequented  by  the  Spaniards  for  a  number  of  years. 

"  In  the  embassador's  memorial,  mention  was  only  made  of  the  Spanish 
admiral  that  commanded  the  present  armament  having  visited  Nootka 
Sound  in  1774,  though  that  harba.-  has  been  frequently  visited,  both  before 
and  since,  with  the  usual  forms  of  taking  possession.  These  forins  were 
repeated  more  particularly  in  the  years  1705  m;r/  175!),  all  along  the 
COAST  AS  FAR  AS  Pkince  William's  Sound  ;  and  it  was  these  acts  that 
gave  occasion  to  the  memorial  made  by  the  court  of  Russia,  as  has  been 
already  noticed. 

"  The  Spanish  embassador  at  London  did  not  represent  in  this  memorial, 
at  that  time,  that  the  right  of  Spain  to  these  coasts  was  eonformahle  to  ancient 
boundaries,  ichich  had  been  guarantied  by  England  at  the  Treaty  of 
Utheciit,  in  the  reign  of  Charles  II.,  deeming  it  to  Iw  unnecessary  ;  as  or- 
ders had  been  given,  and  vessels  had  actually  been  seized  as  far  back  as 
1G92. 

"  The  answer  that  the  English  ministry  gave,  on  the  2()th  of  February, 
was,  that  they  had  not  as  yet  been  informed  of  the   facts  stated  by  the 


^ 


were  gouig 
for  the  Hall 
ron  she  wa: 
"  The  CO 
II  memoria 
Spain  had 
of  that  pari 
as  the  vicei 
king  looke( 
putes  or  (li^ 
civc  a  pro( 
she  ordered 
"As  ifS 
though  she 
been  so  gr 
only  vessel 
clamor  an( 
ous  prepari 
clined  to  p( 
of  honor  ai 
Spahish  m 
"  While 
preparatio 
the  5th  M 
'  rendered 
to  renew  i 
tioned,)  ai 
an  iiidis])! 
'^  To  th 
until  a  sa 
I      morial  oi 
formed  a 
"  The 
fective  ar 
the  just  a 
cut  accec 
gallon,  w 


BRITISH   CLAIM   TO   OREGON 


3<> 


ifl  llionirh  he 

tniral.  whon 

U'fiiii;:;  un  m- 

Mcnl  doclaro 

f'taincd,  and 
t»-tii(>ntioned 
fn  came,  not 
>si:tti,kment 
inco.s  of  the 
icr  with  his 

COSH  Royal, 
ptuiii(?d  and 
away  with 
rs,  irave  or- 
id  that  they 
prize  ;  and 
e  friendship 

carjTo,  after 
i<,Miose  cap- 
e  Count  de 

f  the  deten- 
that  of  tlie 
ke  a  report 
'  February 
expeditions 
ents  on  ter- 
of  years. 
he  Spanish 
ed  Nootka 
both  before 
forms  were 

ALONG  THE 

:>   acts  that 
s  has  been 

memorial, 
e  to  ancient 

rilEATY  OF 

ry  ;  as  or- 

R  BACK  AS 

February, 
ted  by  the 


H 


H 


embassador  ;  and  that  the  act  of  violence,  mentioned  in  his  memorial, 
necessarily  susprn<led  any  <liscussion  <>f  tlic  claims  till  an  adecpjate  atone- 
ment had  been  made  for  a  proceedinj^  so  injurious  to  (Jlreat  Britain. 

"  In  addition  to  this  haughty  laiiiijuajife  of  thi;  Hritish  minister,  he  further 
added,  that  thr  sliip  must  in  the  first  place  be  restored  ;  and  that  with 
respect  to  any  I'liture  stipulations,  it  would  be  necessary  to  waif  for  a  more 
full  detail  of  all  \\n)  circumstances  of  this  alluir.  The  harsli  and  laconic 
style  in  whi(di  this  answer  was  ijiven,  made  the  court  of  Madrid  suspect 
that  the  kin^  of  Great  Britain's  ministers  v^ere  forming  other  plans,  and 
they  were  the  more  induced  to  think  so,  as  there  were  reports  that  they 
were  f?oinfj  to  fit  out  two  fleets — one  for  the  Mediterranean  and  the  other 
for  the  lialtic.  This  of  course  obi ii;ed  Spain  to  increase  the  small  squad- 
ron she  was  ijfettinj^  ready  to  exercise  her  marine. 

•'The  court  of  Spa'  .  then  ordered  heretnbassador  at  London  to  present 
a  memorial  to  the  British  niinistry,  settinjr  forth  that  Ihongh  (he  crown  of 
Spain  had  an  indiihifab/e  righi  to  the  Continent,  ishinds,  harbors,  and  coasts 
of  that  part  of  (he  world,  f on nded  on  treaties  and  immemorial  possession,  yet 
as  the  viceroy  of  Mexico  had  released  the  vessels  that  were  detained,  the 
king  looked  upon  the  atlUir  as  concluded,  without  enterinfj  into  any  dis- 
putes or  discussions  on  the  undoubted  rights  (>f  Spain  ;  and  desiring  to 
give  a  proof  of  his  friendship  for  Great  Britain,  he  shouhl  rest  satisfied  if 
she  ordered.  (ha(  her  subjec(s  in  fu(nre  res])ec(ed  those  rights. 

"As  if  Spain,  in  this  answer,  had  laid  claim  to  the  empire  of  that  ocean, 
though  she  only  spoke  of  what  belonged  to  her  by  treaties,  and  as  if  it  had 
been  so  grievous  an  offence  to  terminate  this  affair  of  restitution  of  the 
only  vessel  which  was  then  known  to  iiave  been  taken,  it  excited  such 
clamor  and  agitation  in  the  Parliament  of  England,  that  the  most  vigor- 
ous preparations  for  war  have  bften  commenced  ;  and  those  powers  disin- 
clined  to  peace,  charge  Spain  with  designs  contrary  to  the  known  principles 
of  honor  and  probity,  as  well  as  to  the  tranquillity  of  Europe,  which  the 
Spahish  monarch  and  his  ministers  have  always  had  in  view. 

"  While  England  was  cmj)loyed  in  making  the  greatest  armaments  and 
preparations,  thai  court  made  answer  to  the  Spanish 'embassador,  (upon 
the  5th  May,)  that  the  acts  of  violence  committed  against  the  British  flag 
'rendered  it  necessary  for  the  sovereign  to  charge  his  minister  at  Madrid 
to  renew  the  remonstrances,  (being  the  answer  of  England  already  men- 
tioned,)  and  to  require  that  satisfaction  which  his  majesty  thought  he  had 
an  indisi)Utable  right  to  demand. 

"To  this  was  added  a  declaration  not  to  enter  formally  into  the  matter, 
until  a  satisfactory  answer  was  obtained,  '  and  at  the  same  time  the  me- 
morial of  Spain  should  not  include  in  it  the  question  of  right,'  which 
formed  a  most  essential   part  of  the  discussion. 

"  The  British  administration  offer,  in  the  same  answer,  to  take  most  ef- 
fective and  pacific  measures,  that  the  English  subjects  shall  not  act  against 
the  just  and  acknowledced  kights  (f  Spain  ;  but  that  they  cannot  at  pres- 
ent a('cede  to  the  pretensions  of  absolute  sovereignty,  commerce  and  navi- 
gation, which  appeared  to  be  the  principal  object  of  the  memorial  of  tho 


40 


BRITISH  CLAIM   TO  OREGON. 


embassador  ;  and  that  the  king  of  E-  gland  considers  it  a  duty  incumbent 
upon  him,  \.o  jvolcci  his  suhjeds  in  the  enjoyment  of  the  right  of  continuing 
their  fishcnj  in  the  Pacific  Ocean. 

"7/'  this  pretension  is  found  to  tresjjass  upon  the  ancient  honndaries  laid 
down  in  the  reign  of  King  Charles  II.,  and  guarantied  hy  England  in  the 
treaty  of  Utrecht,  as  Spain  hcJieves,  it  appears  that  that  court  will  have 
good  reason  for  disputing  and  opjuising  'his  claim  ;  and  it  is  to  be  hoped 
that  tlie  equity  of  the  British  administration  will  suspend  and  restrict  it 
accordingly. 

•'  In  consequence  of  the  foregoing  answer,  the  charge  d'affaires  from  the 
court  of  London  at  Madrid  insisted,  in  a  memorial  of  the  16th  of  May, 
on  restitution  of  the  vessel  detained  at  Noofka  and  the  property  therein 
contained  of  an  indemnification  for  the  losses  sustained,  and  a  reparation 
proportioned  to  the  injury  done  to  the  Englisli  subjects  trading  under  the 
British  /lag;  and  that  they  have  an  indisputable  right  to  the  enjoyment  of 
a  free  and  uninterrupted  navigation,  commerce  and  fishery,  and  to  the  pos- 
session of  such  establishments  as  they  should  form  with  the  consent  of  the 
natives  of  the  country,  not  previously  occupied  by  any  of  the  European 
nations.  (No  rights  of  sovereignty  demanded  here.)  An  explicit  and 
prompt  answer  was  desired  upon  this  head,  in  such  terms  as  might  tend 
to  calm  the  anxieties,  and  to  maintain  the  friendship  subsisting  between 
the  two  courts. 

"  The  charge  d'affaires  having  observed,  that  a  suspension  of  the  Spanish 
armaments  would  contribute  to  tranquillity,  upon  the  terms  to  be  com- 
mu'icated  by  the  British  administration;  an  answer  was  made  by  the 
Spanish  administration,  that  the  king  was  sincerely  inclined  to  disarm, 
upon  the  principles  of  reciprocity,  and  proportioned  to  the  circumstances 
of  the  two  courts;  adding,  that  the  court  of  Spain  was  actuated  by  the 
most  pacific  intentions,  and  a  desire  to  give  every  satisfaction  and  indem- 
nification, if  justice  was  not  on  their  side,  provided  England  did  as  much 
if  she  was  found  to  be  in  the  wronu;. 

"  This  answer  must  convince  all  the  courts  of  Europe,  tiiat  the  conduct 
of  the  king  and  his  administration,  is  consonant  to  the  invariable  prin- 
ciples of  justice,  truth  and  peace. 

'•El  Conde  pe  Florida  Banca." 

To  this  memorial  Mr.  Fitzgerald,  the  British  minister  at  the  court  of 
Madrid,  made  the  following  reply. 

"  Sir  : 

"Incompliance  with  your  excellency's  desire,  I  have  now  the  honor 
of  communicuiing  to  you,  in  writing,  what  I  observed  to  vou  in  the  con- 
versation we  had  the  day  before  yesterday. 

'•  The  substance  of  these  observations  is  briefly  this.  The  court  of 
London  is  animated  wi'.n  the  most  sincere  desire  of  terminating  the  dille- 
rence  that  at  prcion*  subsists  between  it  and  the  court  of  Madrid,  relative 
to  the  port  of  Nootka  and  the  adjacent  latitudes,  by  a  friendly  negotiation ; 


I 


but  as  it  I 
that  an 
original 
question, 
several 
sort,  on 
as  a  pre! 
these  act! 
of  nationf 
Utution 
farty  in)\ 
to  hi.sf,a\ 
from  con| 
olic  maji 
Britain  I 
stances. 
exacts  on 
some  exj 
majesty 
that  he  h 
satisfacti 
of  making 
ETORS,  ui 
16th  of  I 
in  itself  t 
as  such, 
appears 
and  the  1 
flag,  the 
question 
by  his  s 
named  I 
"  Ha> 
served  t 
in  your 
you,  tlu 
sible,  a 
sent  to 
have  m 
his  just 


Froi 
were  tl 
the  vef 
tors,  a 


BRITISH  CLAIM  TO  OREGON. 


41 


!uty  incumbent 
t  of  conllnuing 

'oundar/es  laid 
England  in  the 
•urt  will  have 
is  to  be  hoped 
md  restrict  it 

aires  from  the 
I6th  of  May, 
yperty  therein 
I  a  reparation 
ng  under  the 
i  enjoyment  of 
id  to  the  pos- 
onsent  of  the 
be  European 
explicit  and 
5  might  tend 
ting  between 

f  the  Spanish 

5  to  be  com. 

nade   by  the 

d  to  disarm, 

rcumstauces 

ated  by  the 

and  indem- 

id  as  much 

the  conduct 
iable  prin- 

ic  court  of 


the  honor       .  j 

in  the  con- 
court  of 
the  (iide- 

I.  relative 

gotiation  ; 


I 


but  as  it  is  evident,  upon  the  clearest  principles  of  justice  and   reason, 
that  an  equal  negotiation  cannot  be  opened  till  matters  are  put  in  their 
original  state  ;  and  as  certain  acts  have  been  committed  in  the  latitudes  in 
question,   by   vessels    belonging  to  the    royal  marine  of  Spain,  against 
several  British  vessels,  without  any  reprisals  having  been  made  of  any 
sort,  on  the  part  of  Britain  ;  that  power  is  perfectly  in  the  riglit  to  insist, 
as  a  preliminary  condition,  upon  a  prompt  and   suitable   reparation  for 
these  acts  of  violence ;  and,  in  consequence  of  this  principle,  the  practice 
of  nations  has  limited  such  right  of  reparation  to  three  articles,  viz.,  the  res- 
titution  of  the  vessels,  a  full  indemnification  for  the  losses  sustained  by  the 
•party  injured,  and,  finally,  satisfaction  to  the  sovereign  for  the  insult  offered 
to  hisfiag;  so  that  it  is  evident,  that  the  actual  demands  of  my  court,  far 
from  containing  anything  to  prejudice  the  rights  or  the  dignity  of  his  Cath- 
olic majesty,  amount  to  no  more,  in  fact,  than  what  is  done  by  Great 
Britain  herself,  as  well  as  every  other  maritime  power,  in  similar  circum- 
stances.    Finally,  as  to  the  nature  of  the  satisfaction  the  court  of  London 
exacts  on  this  occasion,  and  on  which  your  excellency  appears  to  desire 
some  explanation,  I  am  authorized,  sir,  to  assure  you,  that,  if  his  Catholic 
majesty  consents  to  make  a  declaration  in  his  name,  bearing  in  substance, 
that  he  had  determined  to  offer  to  his  Britannic  majesty,  a  just  and  suitable 
satisfaction  for  the  insult  offered  to  his  flag,  such  offer,  joined  to  a  promise 
cf  making  restitution  of  the  vessels  captured,  and  to  iivd,emnify  the  propri- 
etors, under  the  conditions  specified  in  the  official  of  Mr.  Merry,  on  the 
16th  of  May,  will  be  regarded  by  his  Britannic  majesty,  as  constituting 
in  itself  the  satisfaction  demanded  ;  and  his  said  majesty  will  accept  of  it 
as  such,  by  a  counter-declaration  on  his  part.     I  have  to  add,  that,  as  it 
appears  uncertain  if  the  vessels,  the  North  West,  an  American  vessel, 
and  the  Iphigenia,  had  truly  a  right  to  enjoy  the  protection  of  the  British 
flag,  the  king  will,  with  pleasure,  consent  that  an  examination  of  this 
question,  as  well  as  that  relative  to  the  just  amount  of  the  losses  sustained 
by  his  subjects,  may  be  left  to  the  determination  of  commissioners,  to  be 
named  by  the  two  courts. 

"  Having  thus  recapitulated  to  your  excellency,  the  heads  of  what  I  ob- 
served to  you  in  conversation,  I  flatter  myself  you  will  weigh  the  whole 
in  your  mind,  with  that  spirit  of  equity  and  moderation  which  characterizes 
you,  that  I  may  be  in  a  condition  of  sending  to  my  court,  as  soon  as  pos- 
sible, a  satisfactory  answer  as  to  the  point  contained  in  the  official  jiaper 
sent  to  Mr.  Merry  on  the  4th  of  tiie  montii,  and  which,  for  the  reasons  I 
have  mentioned,  cannot  be  regarded  by  his  Britannic  majesty,  as  fulfilling 

his  just  expectations. 

"  I  have  the  honor  to  be,  etc. 

"  Alleyke  Fitzherbert." 

From  the  foregoing  answer  of  the  British  minister,  it  will  be  seen  what 
were  the  demands  of  Great  Britain  upon  the  court  of  Spain — restitution  of 
the  vessels  taken  at  Nootka — indemnification  for  the  losses  to  the  proprie- 
tors, and  satisfaction  for  the  insult  to  the  British  flag.     And,  moreover, 


* 


k 


42 


BRITISH   CLAIM  TO   OREGON. 


t\9s^  flfmands,  says  the  minister,  do  not  contain  anythinq  to  prejudice  the 
right  of  his  Calkolir  viajeal)!.  Lest  tliere  sliould  he  any  misunderstanding 
■will  rei^ard  to  this  subject,  the  follo«winir  reply  of  the  Sjjanish  minister  is 
{If-  full  and  explicit  as  lani^uajrc  can  make  it,  and  was  intended  by  the 
mi  lister  to  be  conclusive  evidence,  that  whatever  concessions  were  made 
by  his  Catholic  majesty,  they  were  not  made  upon  the  ground  that  Spain 
liad  not  exclusive  sovereignty  in  the  port  of  Nootka  and  adjacent  territo- 
ries,  or  that  Martinez  had  committed  a  wrong  by  the  seizure  of  the  ves- 
sels under  the  British  Hag. 

The  Count  de  Florida  Banca's  Reply. 

"June  18th,  1790. 

"  You  will  pardon   me,  sir,  that  T  cannot  give  my  assent  to  the  principles 

laid  down  in  your  last  letter,  as  Spain  maintains  on  the  most  solid  grounds^ 

that  the  detention  of  the  vessels  was  made  in  a  hay  of  Spanish  America, 

the  cor>>merce  and  navigation  of  tvhich  belonged  exclusively  to   Spain,  by 

TREATIES  WITH  ALL  NATIONS,  EVEN  ENGLAND  HERSELF. 

"The  principles  laid  down  cannot  be  adaj)tcd  to  the  case.  The  vessels 
detained,  attempted  to  make  an  establishment  at  a  port  where  they  found 
a  nation  actually  settled — the  Spanish  commander  at  Nootka  having,  pre- 
vious to  their  detention,  made  the  most  amicable  representations  to  the 
aggressors,  to  desist  from  their  purpose. 

"  Your  excellency  will  also  permit  me  to  lay  before  you,  that  it  is  not  at 
all  certain  that  the  vessels  detained,  navina^ed  under  the  British  flae,  al- 
though  they  were  English  vessels ;  there  having  been  i*eason  to  believe 
that  they  navigated  under  the  protection  of  Portuguese  passports,  fur- 
nished them  by  the  governor  of  Macao,  as  commercial  vessels,  and  not 
belonging  to  the  royal  marine.  Your  excellency  will  add  to  these  rea- 
sons,  that  by  the  restitution  of  these  vessels,  their  furniture  and  cargoes, 
or  their  value,  in  consequence  of  the  resolution  adopted  by  the  viceroy  of 
Mexico,  which  has  been  approved  of  by  the  king,  for  the  sake  of  peace, 
everything  is  placed  in  its  original  state,  the  object  your  excellency  aims 
at;  nothing  nuiiaining  unsettled  but  the  indemnification  of  the  losses 
and  .sutistaetion  for  the  insult,  which  shall  also  be  regulated,  when  evi- 
dence shall  be  given  what  insult  has  been  conunitted  :  which,  hitherto, 
has  not  been  sull'iciently  explained. 

"  FIowevcM-.  that  a  (juarrel  may  not  arise  about  words,  and  that  two  na- 
tions, friendly  to  each  other,  may  not  be  exposed  to  the  calamities  of  war, 
I  have  to  intbrm  you,  sir,  by  order  of  the  king,  that  his  majesty  consents 
to  make  th(^  declaration  which  your  excellency  proposes  in  your  letter, 
and  will  ollbr  to  his  Britannic  majesty  a  just  and  suitable  satisfaction, 
for  the  insult  oilered  to  the  honor  of  his  tlag.  provided  that  to  these  are 
added  either  of  the  following  (^\planafions : 

"  I .  That  ill  otVering  such  satisfaction,  the  insult  and  satisfaction  shall  be 
fully  settled,  both  in  form  and  substance,  by  a  judgment  to  bo  pronounced 
by  one  oi'  the  kings  of  Europe,  whom  the  king,  my  master,  leaves  wholly 


to  the  cl| 
monarcl 
cide  as  1| 

'"2. 
taken,  til 
mitted  aa 
regard  k 

"3. 
ence  be  (I 
exacting! 
in  the  cr 
isfaction  | 
contrary 
"You] 
explanat 
together, 
be   obvia 
which  w 


tl 


On  the 
laration  a 
that  the  d 
to  be  rest 
faction  gi 

Hovvev 
right  of 
but  on  th 
that  noth 
Spain  to 


"  iiis : 

vessels  1 
northwes 
undersig 
being  th 
his  said 
nrajesty 
his  said 
under  si 
full  rest 
and  to  ii 
they  sill 
asccrtai 


prejudice  the 
nderstanding 
ih  minister  is 
ndcd  by  the 
>  were  made 
id  that  Spain 
iccnt  territo- 
;  of  the  ves- 


'  18th,  1790. 

he  principles 
)Ud  grounds^ 
sh  America, 
to   Spain,  by 

The  vessels 
'  they  found 
having,  pre- 
tions  to  the 

at  it  is  not  at 
ish  flag,  al- 
I  to  believe 
sports,  fur- 
Is,  and  not 
these  rea- 


K 


1  cargoes, 


viceroy  of 
of  peace, 
ency  aims 
tho  losses 
when  evi- 
1,  hitherto, 

a  I  two  na- 
cs  of  war, 
ronsents 
nr  letter, 
tisfaction, 
these  are 

II  shall  be 
oiiounced 
cs  wholly 


HRITISH   CLAIM  TO  OREGON. 


43 


to  the  choice  of  his  Britannic  majesty  ;  for  it  is  s\ifricient  to  the  Spanish 
irionai-ch  that  a  crowned  head,  from  full  inibrmationof  the  facts,  shall  de- 
cide as  ho  thinks  tit. 

"  2.  That  in  otfering  a  full,  just  and  suitable  satisfaction,  care  shall  be 
taken,  that  in  progress  of  the  negotiation  to  be  opened,  no  facts  be  ad- 
mitted as  true,  but  such  as  can  ])c  fully  established  by  Great  Britain,  with 
regard  to  the  insult  olU'rod  to  her  fUitr. 

"  3.  That  the  mid  satisfaction  shall  he  friven  on  condition  that  no  infer- 
ence be  drawn  therefrom  to  affect  the  rights  of  Spain,  nor  of  the  right  of 
exacting  from  Great  Britain  an  equivalent  .satisfaction,  if  it  shall  be  found 
in  the  course  of  the  negotiation,  that  the  king  has  a  right  to  demand  sat- 
isfaction for  the  aggression  and  usurpation  made  on  the  Spanish  territory 
contrary  to  .subsisting  treaties. 

"  Your  excellency  will  please  to  make  choice  of  either  of  these  three 
explanations  to  the  declaration  your  excellency  proposes,  or  all  the  three 
together,  and  to  point  out  any  difficulty  that  occurs  to  you  that  it  may 
be  obviated — or  any  other  mode  that  may  tend  to  promote  the  peace 
which  we  desire  to  establish. 

"  I  have  the  honor  to  be.  etc.. 

"  El  Conue  de  Florida  Banca." 

On  the  24th  of  July,  17G0,  tho  following  declaration  and  counter  dec- 
laration were  signed  and  exchanged  at  Madrid  ;  by  which  it  will  be  seen 
that  the  demands  of  the  court  of  London  were  complied  with,  the  vessels 
to  be  restored,  the  parties  interested  in  them  to  be  indemnified,  and  satis- 
faction given  for  the  insult  to  the  honor  of  England. 

However,  it  will  be  seen  that  not  a  word  is  said  about  giving  up  the 
right  of  sovereignty  over  any  portion  of  th(}  territory  claitned  by  Spain ; 
but  on  the  contrary,  the  latter  clause  of  the  declaration  distinctly  says, 
that  nothing  in  the  declaration  shall  preclude  ov  prejudice  the  right  of 
Spain  to  form  an  exclusive  establishment  at  Nootka. 

declaratiox. 

"  Tlis  Britannic  majesty,  having  complained  of  the  capture  of  certain 
vessels  belonging  to  his  subjects  in  the  Port  Nootka,  situated  on  the 
northwest  coast  of  America,  by  an  otTicer  in  the  service  of  the  king,  the 
undersigned,  counsellor  and  principal  secretary  of  state  to  his  majesty, 
being  thereto  duly  authorized,  (h^clares  in  the  nam(>  and  by  the  order  of 
his  said  majesty,  that  he  is  willing  to  give  satisfaction  to  his  Britannic 
majesty  for  the  injury  of  which  he  has  complained,  fully  |)ersuaded  that 
his  said  Jiritaimic  nuijesty  would  act  in 'ho  same  manner  toward  the  king 
under  similar  circumstances.  And  his  majesty  further  engages  to  make 
full  restitution  of  all  the  British  vessels  whieh  were  captured  at  Nootka, 
and  to  indemnify  the  parties  interested  in  those  ves.sels  for  the  losses  which 
they  shall  have  sustained,  as  soon  as  the  amount  thereof  shall  have  been 
ascertained. 


44 


BRITISH  CLAIM  TO  OREGON. 


"  It  hehig  understood,  {hat  this  declaration  is  not  to  preclude  or  prrjiidice 
the  ulterior  discussion  of  any  right  which  his  majesty  may  claim  to  form  an 
exclusive  establishment  at  the  Port  of  Nootka. 

"  In  witness  whereof.   I  have  signed  this  declaration,  and  sealed 
L.  s.     it  with  the  seal  of  my  arms,  at  Madrid,  the  27th  July,  1790. 
(Signed,)  "  Le  Conde  de  Florida  Banca." 

COUNTEK    DEJLARATION. 

"  His  Catholic  majesty,  having  declared  that  he  was  willing  \ogive  satis- 
faction for  the  injury  done  to  the  king  by  the  capture  of  certain  vessels  be- 
longing to  his  subjects,  in  the  Bay  of  Nootka,  and  the  Count  de  Florida 
Banca  having  signed,  in  the  name  and  by  order  of  his  Catholic  majesty, 
a  declaration  to  this  effect,  and  by  v/hich  his  said  majesty  likewise  en- 
gages to  make  full  restitution  of  the  vessels  so  captured,  and  to  indemnify 
the  parties  interested  in  these  vessels  for  the  losses  they  shall  have  sustained, 
the  undersigned,  embassador  extraordinary  and  plenipotentiary  of  his 
majesty  to  the  Catholic  king,  being  duly  and  expressly  authorized,  accepts 
the  said  declaration,  in  the  name  of  the  king,  and  declares  that  his  majesty 
will  consider  this  declaration,  together  unth  the  performa7ice  of  the  engage- 
ments contained  therein,  as  a  full  and  entire  satisfaction  for  the  injury 
of  which  his  majesty  has  complained. 

"  The  undersigned  declares,  at  the  same  time,  that  it  is  to  be  understood 
that  neither  the  said  declaration,  signed  by  Count  Florida  Banca,  nor  the 
acceptance  thereof,  by  the  undersigned,  in  the  name  of  the  king,  is  to  pre- 
clude or  prejudice,  in  any  respect,  the  right  which  his  majesty  may  claim  to 
any  estahlishmcnt  which  his  subjects  may  have  formed,  or  should  be  desirous 
of  forming  i?i  future  at  the  said  Bay  of  Nootka. 

"  In  witness  whereof,  I  have  signed  this  counter  declaration,  and 

L.  s.     sealed  it  with  the  seal  of  my  Arms.     At  Madrid,  the  24th  July, 
1790. 

(Signed.)  •'  Alleyxe  Fitzherbert." 

It  may  be  well  to  note  here,  the  difference  between  the  last  clause  of 
the  declaration  by  Count  Banca,  and  the  last  clause  in  the  counter-decla- 
ration by  Mr.  Fitzherbert.  The  declaration  of  his  Catholic  majesty  is  not 
to  preclude  or  prejudice  the  right  to  the  forming  of  an  exclusive  establish- 
ment at  Nootka,  while  the  counter-declaration  words  it  thus :  "  the 
right  his  majesty  7nay  claim  to  any  establishment  which  his  subjects  may 
have  formed  or  should  be  desirous  of  forming  in  future  at  the  said  Bay  of 
Nootka.'"' 

If  Great  Britain  had  obtained  this  claim,  so  set  forth  in  the  counter-de- 
claration as  reserved,  it  could  not  have  given  the  least  v'lghio^ sovereignty, 
for  the  fifth  article  of  the  treaty  which  was  concluded  on  tiie  2Pth  of  Oc- 
tober following,  reserved  to  the  court  of  Spain,  (should  these  establish- 
ments be  formed  at  Nootka.)  equal  rigjits  of  forming  establishments  and 
making  settlements.  The  following  is  a  copy  of  the  convention  of  1790, 
called  the  Convention  of  the  Escurial  : 


r 


;  or  prejudice 
71  to  form  an 

1,  and  scaled 
ly,  1790. 
V  Banca." 


;  \o  give  satis- 
>i  vessels  be- 
It  de  Florida 
olic  majesty, 
likewise  en- 
io  indemnify 
ive  sustained, 
itiary  of  his 
'ized,  accepts 
his  majesty 
'  the  engage- 
vr  the  injury 

B  understood 
mca,  nor  the 
ng,  is  to  pre- 
pay claim  to 
I  he  desirous 

aration,  and 
B  24th  July, 

ERBERT." 

St  clause  of 
Linter-decla. 
ajesty  is  not 
e  establish- 
hus :  "  the 
ibjects  jnay 
aid  Bay  of 

counter-de- 
sovereignty, 
i'^th  of  Oc- 
5  estahlish- 
unents  and 
11  of  1790, 


i 


BRITISH  CLAIM  TO  OREGON, 


45 


I 


Copy  of  the  Convention  between  his  Britanxic  Majesty  and  the 
King  of  Spain,  signed  at  the  Escurial,  the  twenty-eighth  of  Oc- 
tober, 1790. 

*'  Tiieir  Britannic  and  Catliolic  majestic. s,  being  desirous  of  terminating 
by  a  speedy  and  solid  agreement,  the  differences  t'lal  have  lately  arisen 
between  the  two  crowns,  have  judged  that  the  best  way  of  attaining  this 
salutary  oljject,  would  bo  that  of  an  amicable  arrangement,  which,  setting 
aside  all  retrospective  discussion  of  the  rights  and  pretensions  of  the  two  par- 
ties,  should  fix  their  respective  situation  for  the  future  on  a  basis  conform- 
able to  their  true  interests,  as  well  as  to  the  mutual  desire  with  which 
their  said  majesties  are  animated,  of  establishing  with  each  other,  in  eve- 
rything and  in  all  places,  the  most  perfect  friendship,  harmony,  and  good 
correspondence.  In  this  view,  they  have  constituted  for  their  plenipoten- 
tiaries, to  wit :  on  the  part  of  his  Britannic  majesty,  /vileyne  Fitzherbert, 
Esq.,  one  of  his  said  majesty's  privy  council  iu  Great  Britain  and  Ireland, 
and  his  embassador  extraordinary  and  plenipotentiary  to  his  Catholic  ma- 
jesty ;  and  on  the  part  of  his  Catholic  majesty,  Don  Joseph  Monino,  Count 
de  Florida  Banca,  knight  grand  cross  of  the  royal  Spanish  order  of 
Charles  II.,  counsellor  of  .staie  to  his  said  majesty,  and  his  principal  secre- 
tary of  state  and  of  the  dispatches ;  who,  after  having  communicated  to 
each  their  respective  full  powers,  have  agreed  upon  the  following  articles: 

"Article  1.  The  buildings  and  tracts  of  land  situated  on  the  north- 
west coast  of  the  Continent  of  Nori'  \merica,  or  on  the  islands  adjacent 
to  that  Continent,  of  which  the  suhjecis  of  his  Britannic  majesty  were  dis- 
possessed about  the  month  of  April,  1789,  by  a  Spanish  officer,  shall  be 
rostored  to  the  said  British  subjects. 

*'  Art.  2.  A  just  reparation  shall  be  made  according  to  the  nature  of  the 
case,  for  all  acts  of  violence  and  hostility  which  may  have  been  commit- 
ted subsequent  to  the  month  of  April,  1789,  by  the  subjects  of  either  of 
the  contracting  parties  against  the  subjects  of  the  other ;  and  in  case  said 
respective  subjects  shall,  since  the  same  period,  have  been  foicibly  dispos- 
sessed of  their  lands,  buildings,  vessels,  merchandise,  and  other  property 
whatever  on  the  said  Continent,  or  on  the  seas  and  islands  adjacent,  they 
shall  be  reestablished  in  the  possession  thereof,  or  a  just  compensation 
shall  be  made  to  them  for  the  losses  which  they  have  sustained. 

"  Art.  3.  In  order  to  strengthen  the  bonds  of  friendship,  and  to  preserve 
in  future  a  perfect  hai'mony  and  good  understanding  between  the  two 
contracting  parties,  it  is  agreed,  that  their  respective  suhjerfs  shall  not  be 
disturbed  or  molested,  either  in  negotiating  or  carrying  on  their  fisheries  in 
the  Pacific  Ocean  or  in  the  South  Seas,  or  in  landing  on  the  coasts  of  these 
seas,  in  places  not  ulreadij  occupied,  for  the  purpose  (f  carrying  on  their  com- 
viercc  with  the  natives  of  the  countnj,  or  of  nutkins  srlilcments  there  ;  the 
whole  subject,  neverthele;?.-.,  to  the  instructions  specified  in  these  following 
articles, 

*'  Art.  4.  His  Britannic  majesty  engages  to  take  the  most  effectual 
measures  to  prevent  the  navigation,  and  the  fishing  of  his  subjects  in  the 
Pacific  Ocean,  or  in  the  South  Seas,  from  heinnr  made  a  pretext  for  illicit 


46 


BRITISH    CLAIM   TO   OREGON. 


trade  with  the  Spanish  scttlomonls  ;  and  \\  itl)  this  view,  it  is,  moreover, 
expressly  stipulated,  that  British  subjects  shall  not  navi^-a»'-  or  carnj  on 
their  flskerii  in  flic  said  seas'.  wHlii/i  fltr.  spare  of  ten  sea  /£.<., n.'.v  from  aiii/ 
part  of  the  roa^/.v  already  oecupied.  by  Spain. 

"  Akt.  5.  As  well  in  tlu;  places  which  are  to  l)e  restored  \o  i\\e  British 
subjects  by  virtue  of  the  first  Article,  as  in  all  other  parts  of  the  north- 
western coast  of  America,  or  of  the  islands  adjacent,  situate  to  the  north 
of  the  parts  of  the  said  coast  already  occupied  by  Spain,  wherever  the 
subjects  of  the  two  powers  shall  have  made  settlements,  since  the  month 
of  April,  1789,  or  shall  hereafter  make  any.  the  subjects  of  the  other 
shall  luive  free  access,  and  slui/f  carry  on.  their  trade  without  any  disturhance 
or  molestation. 

"  Art.  6.  With  respect  to  the  eastern  and  western  coasts  of  South 
America,  and  to  the  islands  adjacent,  no  settlement  shall  be  formed  here- 
after by  the  respective  subjects  in  such  part  of  those  coasts  as  are  situated 
to  the  south  of  those  parts  of  the  samf^  coasts,  and  of  the  islands  adjacent, 
which  are  already  occupied  by  Spain;  provided,  that  the  said  respective 
subjects  shall  retain  the  liberty  of  landini^  on  the  coasts  and  islands  so 
situated,  for  the  purpose:  of  their  fishery,  and  of  erecting  thereon,  huts 
and  other  temporary  buildiuiis,  servinij  only  for  tho.se  purposes. 

"Art.  7.  In  all  cases  of  comj)laint,  or  infractionof  the  articles  of  the 
present  convention,  the  officers  of  cither  party,  without  permittino;  them- 
selves previously  to  commit  any  violence  or  acts  ol"  force,  shall  be  bound 
to  make  an  exact  report  of  the  alfair,  and  of  its  circumstances,  to  their 
respective  courts,  who  will  terminate  such  differences  in  an  amicable 
manner. 

"  Art.  8.  The  present  convention  shall  be  ratified  and  confirmed  in  the 
space  of  six  weeks,  to  be  computed  from  the  day  of  its  signature,  or 
sooner,  if  it  can  be  done. 

"  In  witness  whereof,  we,  the  undersigned,  plenipotentiaries  of  their  Britan- 
nic and  Catholic  majesties,  have  in  their  names,  and  by  virtue  of 
respective  full  powers,  signed  the  present  convention,  and  set  thereto 
the  seals  of  our  Arms.  Done  at  the  palace  of  St.  Lawrence,  the 
28th  of  October,  1790. 

[l. s.]  "El  Conde  De  Florida  Banca. 

[l.  s.]  "  Alleyne  Fitzherbkrt." 

One  of  the  most  temperate  writers  on  this  subject,  speaking  of  the 
treaty,  makes  this  observation  relative  to  an  assertion  of  Mr.  Greenhow  : 
*'  If  Mr.  Greenhow  were  as  good  a  lawyer  as  he  is  a  historian,  he  would 
have  known  that  the  Convention  of  the  Escurial  is  one  of  those  national 
compacts,  called  Transitory  Conventions  ;  that  such  conventions  are  not 
put  an  end  to,  or  even  necessarily  suspended  by  war;  but  that  if  sus- 
pended, they  revive  as  a  matter  of  course  on  the  restoration  of  peace, 
without  any  express  stipulation.  This,"  continues  the  writer,  "  is  inter- 
national law.''  And  he  (piotcs  Wheaton,  which  he  says  will  be  rcspectt  i! 
in  the  United  States.     Now,  in  order  to  make  the  treaty  of  1790  fall 


i 


within  tl 
ritory 
territory  | 
m'-iit  he 
of  1790,1 
Was  th( 
construel 
We  ans^ 
restitutic 
the  treaj 
navigate! 
with  the  I 
Hon,  so 
advance! 
see  as  w( 
Thus 
of  the  d 
court  of 
are  all 
case. 

From 
ran  Cor 
to  Spain 
In  1785,1 
eye  the  i 
vessels, 
Prince  A 
the  vicin 
In  Ma 
represen 
ward  be 
about  en 
Empress 
to  Nootk 
In  Fehri 
May,  n 
Iphigeni 
were  inl 
name  of 
structioi 
took  pos 
related, 
of  takir 
flag.     ' 

*  For 
voyage  o 


BRITISH  CLAIM   TO  OREGON. 


47 


]s,  moreover, 
*"  or  carry  on 
,(to'.s  from  any 

Z  to  the  BriUfih 
i  of  the  north- 
fo  to  the  north 
wherever  the 
ice  the  month 
of  the  other 
ny  disturbance 

ists  of  South 
formed  here- 
s  are  situated 
nds  adjacent, 
lid  re.spcclive 
nd  islands  so 
thereon,  huts 
ses. 

irticlesof  the 
nittincT  them- 
all  bo  bound 
ices,  to  their 
an  amicable 

firmed  in  the 
iignature,  or 

th.eir  Britan- 
»y  virtue  of 
set  thereto 
vvrence,  tlie 

Banca  . 


ing  of  the 

iroenhow  : 

I  he  would 

e  national 

)ns  are  not 

lat  if  sus- 

of  peace, 

"  is  intor- 

rcspectcii 

17U0  fall 


within  this  definition,  one  of  these  characteristics  must  attach  to  it.  Ter- 
ritory  must  be  ceded  ;  the  houndanri  of  fiomr  tcrrilory  must  he  defined  ; 
territory  must  he,  exelmn^ed  ;  or  permnne.nt  servitude  in  favor  of  one  nation, 
m'.iit  he  created  within  the  territory  of  a  'her.'''  Was  there  in  this  treaty 
of  1700,  any  cession  of  territory  ?  Were  there  any  boundaries  defined  ? 
Was  there  any  territory  exchanged  ?  Anything,  in  fact,  that  could  be 
construed  into  the  relinquishing  of  a  sovereign  right,  on  the  part  of  Spain  ? 
We  answer,  no.  Reparation  was  made  for  an  insult  to  a  national  flag ; 
restitution  was  granted  to  individuals  for  property  taken ;  and  the  rest  of 
the  treaty  is  taken  up  to  show,  under  what  restrictions  l^jngland  might 
navigate  the  waters  of  the  South  Sea,  and  carry  on  their  fisheries  and  trade 
with  the  natives.  And  it  was  strictly  a  treaty,  and  not  a  transitory  conven- 
tion, so  called.  England  left  the  discussion  of  the  right  of  sovereignty, 
advanced  by  Spain,  to  the  operation  of  the  treaty  of  Utrecht.  We  shall 
see  as  we  advance,  that  this  treaty  of  the  Escurial  was  annulled  in  1796. 

Thus  far,  has  been  given  the  history  of  the  alleged  aggression  of  Spain, 
of  the  demand  of  England,  the  compliance  with  that  demand  by  the 
court  of  Madrid,  and  the  treaty.  Upon  a  review  of  these  facts,  for  they 
are  all  historical  facts,  the  following  appears  to  be  the  true  state  of  the 
case. 

From  the  first  attempts  at  discovery,  made  under  the  authority  of  Her- 
ran  Cortez,  in  1532,  for  two  centuries  and  a  half,  the  eastern  world  gave 
to  Spain  the  right  of  sovereignty  over  the  northwest  coast  of  America. 
In  1785,  the  viceroy  of  Mexico,  regarding  with  a  jealous  and  watchful 
eye  the  movement  of  the  fur  traders  in  the  North  Pacific,  sent  two  armed 
vessels,  under  Martinez,  to  observe  their  movements.  He  arrived  at 
Prince  William's  Sound  in  May,  and  after  remaining  a  few  months  in 
the  vicinity,  returned  to  San  Bias. 

In  Martinez's  report  to  the  viceroy,  the  Ru  sinn  establishments  were 
represented  as  being  four  in  number ;  that  they  had  not  advanced  east- 
ward beyond  Prince  William's  Sound,  but  that  a  large  force  was 
about  embarking  from  Asia  to  occupy  Nootka  Sound,  in  the  name  of  the 
Empress  of  Russia.  The  viceroy  thereupon  ordered  Martinez  to  proceed 
to  Nootka  and  lake  possession  of  it  in  the  name  of  his  Catholic  majesty.* 
In  February,  Martinez  left  San  Bias,  and  arrived  at  Nootka  on  the  6th 
May,  1789.  On  his  arrival  he  found  the  American  ship  Columbia,  and  the 
Iphigeni  1,  a  vessel  under  the  Portuguese  flag.  The  officers  of  these  vessels 
were  informed,  that  his  object  was  to  take  possession  of  the  country,  in  the 
name  of  the  king  of  Spain.  Having  ascertained  the  purport  of  the  in- 
structions given  to  the  commander  of  the  Iphigenia,  by  her  owners,  he 
took  possession  of  her,  but  subsequently  released  her,  as  we  have  before 
related.  In  July,  the  Argonaut,  Captain  Colnett,  arrived  for  the  purpose 
of  taking  possession  of  the  sound,  and  erecting  a  fort  under  the  British 
flag.     This  vessel  and   her  consort,  the  Princess  Royal,  were  taken  by 

*  For  the  instructions  given  to  Martinez,  see  the  introduction  to  the  narrative  f  f  the 
voyage  of  the  Sutil  and  Mexicana,  which  may  bo  considered  an  ofBcial  work. 


';i 


48 


BRITISH  CLAIM  TO  OREGON. 


Martinez  and  sent  to  San  Bias.  The  owners  of  these  vessels  memorial, 
ized  the  British  government,  who  immediately  demanded  satisfaction  for 
the  aggressions  ;  at  the  same  time  stating  that  the  discussion  of  the  claims 
which  either  party  might  advance  to  the  sovereignty  of  tlic  territory, 
should  be  suspended.  After  considerable  negotiation  on  the  suhject,  the 
demands  of  Great  Britain  were  complied  with  by  the  Spanish  govern- 
ment, whh  the  full  understanding  that  the  concession  was  not  to  adectthe 
right  of  his  Catholic  majesty,  to  the  sovereignty  of  the  northwest  coast. 
The  treaty  has  been  given  at  length.  Vie  have  now  but  one  question  to 
ask,  relative  to  this  assertion  of  Great  Britain,  viz.  "  The  United  States 
can  claim,  as  the  assignee  of  the  Spanish  title,  only  the  same  rights  as 
were  conceded  to  England  by  the  treaty  of  1790.  We  ask  what  has  be- 
come  of  the  right  of  sovereignty  ?  It  surely  must  have  had  an  existence. 
If  England  had  the  right  in  1790,  sh?  has  it  now.  If  Spain  possessed 
it,  we  possess  it  now  ;  for  surely  there  is  not  an  article  in  the  treaty  that 
can  be  construed  into  an  abandonment  of  the  title  by  Spain.  It  most  as- 
suredly did  not  expire  by  limitation.  The  treaty  itself  was  not  an  adju- 
dication  of  sovereignty.  It  simply  said,  "  Know  all  men,  by  these  pres. 
ents,  that  Spain  agrees  to  indemnify  England  for  the  loss  sustained  by  her 
subjects,  at  Nootka  Sound ;  and  she  now  grants  what  she  before  denied, 
the  righ:  of  England  to  navigate  those  seas  ;  to  carry  on  the  fisheries  in 
the  North  Pacific  ;  to  trade  on  the  coast  of  any  part  of  Northwest  Ame- 
rica ;  and  to  make  such  settlements  as  are  necessary  for  the  purposes  of 
commerce  with  the  nations ;"  Spain  still  continuing  in  full  possession 
and  in  the  enjoyment  of  all  those  rights  she  iiad  conceded  to  England,  as 
tenant  in  common,  of  a  property  in  which  Spain  had  the  fee  simple  ;  the 
consideration  and  the  examination,  and  ultimate  action  of  the  parties  as 
to  the  right  of  soil,  being  for  a  time  suspended.  That  this  was  the  opin- 
ion of  those  who  made  the  treaty,  and  the  leading  members  in  the  Brit- 
ish Parliament  at  the  time,  will  be  seen  from  the  following  extracts 
from  the  debates  in  the  House  of  Commons,  on  the  occasion  of  a  motion 
for  a  vote,  approval  of  the  convention.  The  following  remarks  of  Mr 
Fox,  the  leading  member  of  the  house,  will  explain  fully  all  that  Spain 
conceded,  and  all  that  England  obtained  by  the  treaty  of  1790. 

"  In  the  early  part  of  the  debate,  he  had  heard  nothing  but  rhodomontade 
about  our  acquirition,  of  new  sources  of  trade,  new  objects  of  enterprise, 
new  oceans,  and  new  continents,  opened  to  the  activity  of  our  merchants, 
and  the  courage  of  our  sailors  ;  such  flowers  of  rhetoric  were  elegant  em- 
bellishments, equally  convenient  to  give  force  to  argument,  or  to  conceal 
the  want  of  it.  But  was  it  true  that  we  had  opened  any  of  these  sources,  or 
made  a  single  acquisition  ?  The  honorable  gentleman  who  had  spoke 
last  (Mr.  Ryder,)  had  put  the  question  on  the  true  grounds  Having 
caught  the  contagion  of  the  speakers,  who  preceded  him  on  the  same 
side,  he  had  talked  of  gaining  and  acquiring  ;  but  in  the  progress  of  his 
argument,  he  had  very  properly  stated  that  we  had  acquired  nothing,  but 
only  obtained  security  for  what  we  had  before.  This  was  precisely  what 
we  had  obtained,  an  advantage  no  doubt,  because][it  wasjwise^,  to  give  up 


BRITISH   CLAIM   Tf)   OREGON. 


49 


!^.sols  inoiuorial. 
satisfaction   for 
>n  of  the  claims 
i'  tl'.c   territory, 
le  subject,  the 
paiiisli   nrovern- 
not  to  aficcttlie 
ortliwcst   coast, 
one  (juestion  to 
United  States 
same  rights  as 
k  what  has  be- 
d  an  existence, 
ipain  possessed 
the  treaty  that 
1.     It  most  as- 
is  not  an  adju- 
by  these  pres- 
istained  by  her 
before  denied, 
;he  fisheries  in 
rthwest   Ame- 
he  purposes  of 
ull  possession 
to  England,  as 
?e  simple  ;  the 
the  parties  as 
was  the  opin- 
rs  in  the  Brit- 
wing  e.xtracts 
n  of  a  motion 
narks  of  Mr 
ill  that  Spain 

roo. 

rhodomontade 
of  enterprise, 
1'  merchants, 
i  elegant  em- 
or  to  conceal 
36  sources,  or 
10  had   spoke 
ds      Having 
3n  the   same 
ogress  of  his 
nothing,  but 
ecisely  wha( 
e J,  to  give  up 


part  of  an   unlimited  right,  to  secure  the  uninterrupted  possession  of  the 
rest ;   but  an  advantage  to  be  estimated  by  comparing  what  we  gave  up, 
with  what   we   retained.     What  then   was   the  extent  of  our  rights,  be- 
fore the   convention,  (whether   admitted  or  denied  by  Spain  was  of  no 
consequence,)  and  to  what  extent  were  they  now  secured  to  us?     Wo 
possessed  and  exerci.sed  the  free  navigation  of  the  Pacijic  Ocean,  without 
restraint  or  limitation.     We  possessed  antl  exercised  the  right  of  carrying 
on  fisheries  in  the   South  Seas,   equally  unlimited.     This  was  no  barren 
right,  but  a  right  of  which  we  had  availed  ourselves,  as  appeared  by  the 
papers  on   the   table,  which  showed  that  the   produce  of  it  had  increas- 
ed, in  five  years,   from  twelve   to  ninety-seven  thousand  pounds.     This 
estate  we  had,  and  were  daily  improving  ;  it  was  not  to  be  disgraced  by 
the  nam*  of  an  acquisition.      The  admission  of  pu     f  these  rights  (navi- 
gation  and  fishing)  by  Spain,  was  all  we  had  obtained.     It  remained  to 
inquire  v)hat  it  had  cost.     Our    right  before  loas  to  settle  (not  rule)  in  any 
part  of  South  or  Northwest  America,  not  fortified  againt  us  hy  previous  oc- 
cupancy ;   and  we  are   now  restricted  to  settle  in  certain  places  only,  and 
under  certain  restrictions.      This  teas  an  important  concession  on  our  part. 
Our  rights  of  fishing  extended  to  the  lehole  ocean,  and  it  too  was  limited, 
and  to  be  carried  on  within  certain  distances  of  the  Spanish  settlements. 
Our  right  of  making  settlements  was  not  as  now,  a  right  to   build  huts, 
hut  to  plant  coLQ-siES  if  we  thought  proper.     Surely  these   were  acquisi- 
tions, or  rather  conquests,  as  they  must  be  considered,  if  we  were  to  judge 
by  the  triumphant  language  respecting  them,  but  great  and  important 
concessions  !     Every  new  regulation  was  a  concession,  not  an  acquisi- 
tion.     It  was,   indeed,  said  in  his  majesty's   message  to  both  Houses  of 
Parliament,  that  a  claim  was  asserted  by  Spain  to  the  exclusive  right  of 
sovereignty,  navigation  and  commerce  in  the  territories,  coasts  and  seas,  in  that 
part  of  the  world.   But  was  a  message  from  his  majesty  a  sufficient  authority 
to  the  House  for  the  nature  and  extent  of  the  claims  of  Spain  ?  An  honora- 
ble baronet  had  said  :  '  Look  into  all  the  treaties  from  the  time  of  Charles  IT. 
to  the  treaty  of  Utrecht,  and  there  the  romantic  and  unwarrantable  claims 
of  Spain  will  appear.'     Were   that  statement  correct,  the    consequence 
must  be  that  our  claims  on  Spain  were  unjust   and  unwarrantable,  and 
insisting  on  them  a  direct  violation,  because,  ivherever  the  claims  of  Spain 
were  recorded,  the  concessions  of  Great  Britain  were  recorded,     ^nt  he 
rejoiced  for  his  country  that  it  was  so.     He  was  as  much  a  friend  to  the 
claims  of  Soain,   sanctioned  by  the  treaty  of  Utfieciit,  as  Count  Flor- 
ida  Banca,  or  any  S|)aiiisli  minister,    because  thry  were  founded  in  justice. 
These  were  an  exclusive  ritrht  of  territory,  navigation  and  commerce,  in  the 
seas  and  coasts  of  Spanish  America.     The  absurd  and  extravagant  claims 
arose,  from  extending   the  term  Spanish    America  to  the  seas  and  coasts 
where  Spain    had    no  right  of  oecupancy  ;   and   in  this   extension  of  the 
term,  had  every  one  of  our  preceding  disputes  about  the  claims  of  Spain 
origin:i1i>d.*     To  what  did  we  object  belbi-e.  but  to  the  indefmito  limils  of 

*Tli.  .iiu'.-'ioa,  what  ifniioricrt  wciv  einbia.ca  in  Sixtnish  Aitvririf,  dt^\KivUn\miproo( 
of  what  she  ha.l  discovorpd  iit,  and  hcfmc.  tlic  formation  of  the  Trt-atyof  Utrochl.  This 
(luctftioii  is  now  open  between  America  and  Britain.  4* 


if>i 


M 


BRITISH  CLAIM   TO  OREGON. 


Spanish  America?  The  o.tjectioii  .still  rmiained,  for  the  limits  of  Span- 
ish America  were  still  undelineJ,  not  perhaps  in  a  way  so  likely  to  create 
disputes  as  formerly,  but  suflicii^ntly  vaj^'ue  and  uncertain  to  afibril  a  pre- 
text,  where  there  was  a  previous  disposition  to  (luarrel. 

On  this  point,  therefore,  abstractedly  considered,  we  had  gained  nothing. 
We  had  renounced  the  right  of  permanent  settlement  on  the  whole  extent  of 
South  America,  and  where  the  almittcd  right  of  settlement  on  the  Northwest 
coast  commenced,  avas  co3Iplete;-y  undefined.  If  it  was  said  at  Nootka, 
we  did  not  know  that  Nootka  would  be  restored.  (It  never  was.)  It  was, 
indeed,  stipulated,  by  the  first  arliv-sle  of  the  convention,  that  all  the  build- 
ings and  IracLs  of  lands  of  wiiich  we  )iad  been  dispossessed  about  the  month 
of  April,  1789,  were  to  be  restored.  ^V■]ly,  about  the  month  of  April  was 
mentioned  in  so  indefinite  a  way,  a  learned  fcntlcman  had  endeavored  to 
explain,  by  saying  there  was  danger  in  mentioning  a  particular  day ;  be- 
cause, if  any  mistake  of  date  should  occur,  that  might  give  rise  to  dispute. 
If  Captain  Meares's  authority  was  good  for  anything,  it  was  surely  good 
for  the  date  at  which  his  ship  was  taken  ;  and  that,  by  his  own  account, 
was  on  the  13tli  of  May.  Wiiy,  about  the  month  of  April  was  inserted 
as  the  date  of  what  happened  in  May,  being  on  tiie  face  of  it  unaccount- 
able, gave  reason  to  imagine  that  it  was  done  to  answer  some  purpose, 
and  conse(iuently  excited  suspicion.  By  the  2nd  Article,  it  was  provided, 
that  everything  of  which  either  2^ttrty  had  been  dispossessed,  by  the  other, 
subsequent  to  the  month  of  April,  should  he  restored,  or  a  just  compensation 
madeJ^  Now.  as  there  was  some  ground  to  believe  that  we  had  been  dis- 
possessed  of  Nootka  subsequent  to  that  period,  how  could  we  be  sure  tliat 
Spain,  instead  of  restoring  it,  would  not  offer  a  compensation.  The  learned 
gentleman  said  it  was  otherwise  agreed  upon.  If  lie  knew  that,  he  knew 
more  than  the  House  knew.  By  the  3rd  Article,  we  are  authorized  to 
na-igate  the  Pacific  Ocean  and  South  Seas,  unmolested,  for  the  j)urpose 
of  carrying  on  our  fisheries,  and  to  land  on  the  unsettled  coasts,  for  the 
purpose  of  trading  with  the  natives  ;  but  after  this  pompous  recognition  of 
right  to  navigation,  fishery  and  commerce,  comes  another  article,  the  6th, 
ichich  lakes  away  all  right  of  landing,  and  erecting  even  temporary  hits,  for 
any  purpose  but  that  of  carrying  on  the  fishery  ;  and  amounts  to  a  complete 
dereliction  of  all  right  to  settle,  in  any  way,  for  the  purpose  of  commerce  with 
the  natives.  *  '-^  *  •■;=  in  renouncing  all  right  to  make  settlements  in 
South  America,  we  had  given  to  Spain  what  siie  considered  as  inestima- 
ble, and  had,  in  return,  been  contented  with  dross.  ■;•***  Thus, 
he  had  shown  that  the  treaty  was  a  treaty  of  concessions,  and  not  of  ac- 
quisitions; that  admitting,  as  he  did  admit,  the  proi)riety  of  conceding  part 
of  our  general  rights  to  secure  the  undisturbed  possession  of  the  rest,  we 
had  given  up  wiiat  wiis  of  infinite  value  to  Spain,  and  retained  what  could 
never  be  of  much  value  to  ourselves  ;  and  that  what  we  had  retained  was 
so  vague  and  indescriptive,  so  undefined  in  limit>^,  and,  consequently,  so 
liable  to  be  again  disputed,  that  we  had  conccd.ed  much  more  in  point  of 
right,  than  we  had  gained  in  point  of  security." 

-  •  -       *  It  was  not  resicred.    Spain  sold  to  us ;  England  niuu  go  to  fi^pain  for  nrreRrs. 


We  ha\l 
is  of  the  )| 

true,  as 
right,  bell 
to  discusJ 
tions  well 
jccts  of  n\ 
was  the 

By  th| 
Great  B 
1579,  sal 
possessioj 
British 
course, 
sailed  un 
purpose 
commodi 
and  whe 
even  of 
on  the  n( 
bia,  prio 
To  pr( 
leader  oi 
the  reph 
that  the 
on  the  pi 
country 
vantages 
to  navigt 
coasts  of 

NOT  BEE 

claims  f 
"  the  s( 
fisherio! 
of  Ame 
allowec 
was  a 
northw 
gation 
had  fo 
and  th 
aforesi 
restric 
The  1 
claim 
loriesj 
cratec 


BRITISH  CLAIM  TO  OREGON. 


51 


limits  of  Span. 
lilvC'ly  to  create 
to  aflbrd  a  pre. 

^'ciinod  nothing. 

U'Jwle  extent  of 
I  the  Nor  t  hoc  si 
;ai(l  at  Nootka, 
was.)     It  was, 
t  all  the  luild. 
bout  the  month 
i  of  April  was 
endeavored  to 
ular  day;   be- 
"i'se  to  dispute, 
is  surely  good 

own  account, 

was  inserted 
it  unaccount- 
OHie  purpose, 
was  provided, 
,  hy  the  other, 

compensation 

lad  been  dis- 

'■  be  sure  tliat 

The  learned 
bat,  ho  knew 
lutiiorized  to 
•  the  j)urpose 
'asts,  for  the 
^cognition  of 
icle,  the  6th, 
try  huts,  for 
'o  a  complete 
mmercc  with 
ttleiiients  in 
IS  inesiima- 

*     Thus, 

not  of  ac- 
ceding part 
be  rest,  we 
what  could 
tained  was 
juently,  so 
in  point  of 


AVe  have  room  but  for  one  more  remark  of  tho  honorable  gentloi^on,  which 
is  of  tho  most  force  of  any  made  on  the  occasitm,  and  it  is  this  :  ♦'  ft  was  not 
true,  as  had  been  asserted,  that  there  was  any  intricacy  in  the  question  of 
right,  between  us  and  Sjjain,  had  it  been  thought  expedient  to  l)ring  it  fairly 
to  discussion.  It  stood  on  the  general  principle  by  which  all  European  na- 
tions were  governed  in  forming  settlements,  namely  :  that  where  the  sub- 
jects of  no  power  had  settled,  those  of  every  other  had  a  right  to  settle.  This 
was  the  general  princi})lo." 

By  this,  then,  we  will  test  the  claims  that  havp  been  put  forth  by 
Great  Britain.  Let  us  grant  that  Sir  Francis  Drake,  in  the  year 
1579,  .saw  some  part  of  the  coast  of  Northwest  America,  and  took 
possession  of  the  countiy  in  the  name  of  the  king  of  Kngland — no  other 
British  vessel  visited  that  coast  for  near  two  hundred  years.  So,  of 
course,  that  would  give  them  no  right.  Captain  Meares,  if  he  had 
sailed  under  the  English  flag,  made  no  svillement  at  Nootka  ;  for  the  very 
purpose  he  had  in  view  in  crectir.g  a  house,  was  for  the  temporary  ac- 
commodation of  the  party  he  left  there  while  collecting  fur  in  the  vicinity  ; 
and  when  the  vessel  left  for  Macao,  there  was  not  a  vestige  remaining 
even  of  that  small  hut  at  Nootka  ;  and  the  English  made  no  settlement 
on  the  northwest  coast  of  America,  in  any  part  of  it  drained  by  the  Colum 
bia,  prior  to  1811  ;  nor  in  any  other  part  of  Oregon,  till  1806. 

To  proceed,  however,  with  the  treaty,  wo  have  given  the  remarks  of  the 
leader  of  the  House  of  Commons;  we  will  now  give  some  extracts  from 
the  reply  of  Mr.  Pitt.  In  answer  to  the  argument  of  Mr.  Fox,  to  provo 
that  the  convention  had  been  one  of  concessions,  and  not  of  acquisitions, 
on  the  part  of  Great  Britan,  Mr.  Pitt  maintained,  that  "  though  what  this 
country  had  gained  consisted  not  of  new  rights,  it  certainly  did  of  new  ad- 
vantages. We  had  before  a  right  to  the  southern  whale  fishery,  and  a  right 
to  navigate  and  carry  on  fisheries  in  the  Pacific  Ocean,  and  to  trade  on  the 
coasts  of  any  part  of  it  northwest  of  America;  but  that  right  not  only  had 

NOT  BEEN  ACKNOWLEDGED,  RUT  DISPUTEO  AND  RESISTED."  Here  WO  liaVC  the 

claims  of  Great  Britain,  which  had  been  ''  disputed  and  resisted"  by  Spain : 
"  the  southern  whale  fishery,  the  navigation  and  the  carrying  on  of  the 
fisheries  in  the  Pacific  Ocean,  and  of  tradincr  on  anv  of  the  coasts  northwest 
of  America."  By  the  convention,  these  claims  of  Groat  Britain  had  been 
allowed  ;  "  a  circumstance,"  says  Mr.  V'M,  '•  which,  though  no  new  right, 
was  a  new  advantage.  Spain,  beside.,  tiie  right  of  sovereignty  on  the 
northwest  coast,  as  far  as  the  Russian  settlements,  had  claimed  the  navi- 
gation and  exclusive  commerce  of  the  South  Sea.  And  this  convention 
had  for  its  object,  bcsid  s  the  reparation  for  the  insult  to  the  British  flag, 
and  the  restoration  of  property,  the  arranging  tho  rights  of  navigatnig  the 
aforesaid  South  Sea  ;  of  fishing  and  of  tradinir  with  the  natives,  and  some 
re.strictions  as  to  the  inannei- and  mode  of  making  temporary  settlements. 
The  king  of  Great  Britain,  in  bis  message  to  Parliament,  spoke  of  this 
claim  to  Si)ain's  rights  of  sovereignty,  navigatimi  and  commerce,  in  the  terri- 
tories, seas,  and  coasts  in  that  part  of  the  world.  The  king  of  Spain  reit- 
erated it,  in  his  circular  to  the  dillerent  courts  of  Europe ;   and  it  was 

4* 


N 


l! 


52 


AMHRICAN   TITLE   TO   OREGON. 


tho  burthen  of  every  official  communication  hotwocn  the  hii!;h  contractinif 
parties,  at  tho  time  of  forming,'  the  treaty.  (Jreat  Britain  made  no  sik  h 
pretension,  nor  did  she  deny  the  validity  of  the  nfh^  of  Spain  to  tho  conn, 
try.  All  that  was  said  of  it,  in  the  prolitninary  iioyotiafion,  was,  that  ilic 
question  should  not  he  discussed  until  a  pnifx-r  reparation  had  hien  tnado 
for  tho  iiiault  to  the  fhtsr  of  Em^land.  That  rc^paration  was  made  ;  and  the 
title  to  tho  sovoreii,'nty  of  Orerjou  hi^inji;  clearly  and  in  explicit  terms,  for 
that  time,  waived,  is  the  matter  in  ditn>ronce  between  these  States,  as  the 
successors  to  the  vSpanish  title,  and  (xreat  Firitain.  I<wi!i;land,  indt^od,  must 
now  show  her  title.  Was  it  »''rivod  from  Drake's  and  Meares's  opera- 
tions, the  treaty  of  17i)(),  or  is  there  some  other  ridiculous  fabricalie;i  to 
be  drummed  from  its  grave  to  support  it  ? 


CHAPTER  III, 


WHOSE    IS  THE  SOVEREIGNTY  OF  OREGON  ? — IT  IS  OTTRS. 


We  have  given,  in  the  preceding  pages,  the  history  of  the  discovery  of 
the  Oregon  coast  by  Spain,  and  of  the  pretensions  of  Britain  in  that  re- 
gard. We  have  shown,  that  Spain  ox()lored  Northwest  America  by  land, 
as  far  as  the  35th  degree  of  north  latitude,  as  early  as  15:^9;  explored 
and  took  possession  of  tho  country  about  the  Gulf  of  California,  for  two 
hundred  miles  up  the  Colorado  of  tho  west,  in  1540-41-42;  explored  and 
took  possession  of  the  whole  interior  of  California,  as  far  as  43°  or  44° 
north,  in  1542  ;  explored,  by  sea,  tho  Californian  coast,  and  took  formal 
possession  of  bays  and  lands,  as  far  as  44°  north,  in  1542-3;  explored 
by  land,  and  took  possession  of  it,  as  fur  as  44°  north,  in  tho  same  year  ; 
and  wo  have  seen  that,  up  to  this  last  date,  Spain  had  no  competitor  in 
the  march  of  her  discoveries  on  the  northwest  coast  ofAm(>rica.  She 
alone  had  title  as  discoverer  and  occupant,  from  Cape  San  Lucas,  north- 
ward, to  a  point  situated  about  one  hundred  and  fifty  miles  south  of  tho 
Columbia  River. 

But,  in  l.")??,  wo  have  learnerl  that  Drake,  an  English  pirate,  entered 
tho  Pacific  Ocean,  and  pretended  to  have  visited  this  coast,  between  lati- 
tudes 37^  and  ls°.  We  have  shown,  however,  that  he  never  saw  tho 
coast  of  Nortlnv(\st  America,  at  the  latitudes  mentioned  in  the  accounts  of 
his  voyages;  because,  in  the  first  place,  if  he  saw  any  part  of  that  coast, 
the  account  given  by  hiin  nfthe  climate  and  geoirrai)hical  features  of  the 
country,  show,  most  conclusively,  that  it  could  not  liav(>  hrcii  tin;  coast  ai 
question ;  and   because,  in    the   second    place,  whatever   land   ho   might 


following 


Vlll. 

Regni  Su 

Belli  den 

do,  glorioi 

orum  Pa( 

dum  Con 

speciatin 

merciori] 

Cum  VC7 

Fimdonu 

Comnien 

statu  nu 

Quo  igit 

terurn   ( 

istoc  ne 


AMKRICAN    TITl.K   TO   ORKGON 


68 


ii2:M  fjonfractiii^r 
'liido  no  sucli 
in  to  the  cotin. 
''  Has,  that  III,. 
ukI  I)i;m)  inadf 
"i"l^^ ;  and  the 
i'-it  t(!nns,  for 
Sfatps,  as  fl'c 
K  ind<>(nl.  musf 
'arp.s's  oppra- 
nibricati( :)  to 


RS. 


discovery  of 
in  in  that  re- 
rica  by  land, 
^  ;  f>xplorod 
rnia,  for  two 
xplored  and 
^  43°  or  44° 
took  formal 
^ ;   explored 
same  year ; 
>nipetitor  in 
M-ica.     S!)o 
icus,  north- 
uuth  of  the 

te,  entered 
tween  lati- 
r  saw  the 

ceounls  of 
that  coast, 
ires  of  tl)(^ 
e  coast  in 
he   might 


have  discoveri'(l.  could  not  have  accrued  to  the  crown  of  l"in<jland,  by 
reason  of  the  [)iratical  character  of  the  voyai;o.  Drake  was  a  pirate;* 
Blizabeth,  while  she  knifjhted  hitn,  remunerated  the  subjects  of  the  crown 
of  S[iain,  for  the  piracies  he  had  connnitted.  From  such  men's  acts,  the 
hiws  of  nations  recofrnize  no  riirhts  of  nations  to  arise  ; — because,  if  it  be 
still  insisted  that  Drake  ever  saw  this  coast,  and  that  his  discovery  was 
for  the  benefit  of  the  crown  of  I'lnfjland,  still  it  avails  nothing,  inasmuch 
as  Spain  had  already  discovered  and  explored  it  sevi-ral  years  before; 
and,  in  the  fourth  {)lacc.  because  Pwij^'land  did  not  afterward  occupy  by 
permanent  settlement,  as  required  by  the  laws  in'such  cases  governing. 

The  next  discoveries  wi>  have  noticed,  were  made  by  Juan  de  Fuca, 
in  ir)9'3,  who  explored  the  northwest  coast  to  latitudes  48°  and  4S>^  north; 
.sailed  up  the  straits  which  l)nar  liis  name,  and  took  possession  of  tlu;  bor- 
dering lands  in  the  name  of  Sjiain.  This  was  the  extent  northward  up  to 
the  year  1700. 

Charles  II.  of  Spain,  died  Nov.  1,  1700,  leaving  no  issue  entitled  to 
succeed  him.  \.  war  arose  among  the  powers  of  Europe,  as  to  which  of 
the  royal  houses,  Spain  and  its  colonies  should  pass.  The  question  was, 
whether  the  crowns  of  Spain,  the  Netherlands,  Naples,  Sicily,  Milan,  and 
the  vast  possessions  of  Spain  in  Amorica,  should  be  united  with  Austria, 
already  very  [)owerful,  or  with  France,  which  was  less  formidable. 
The  Austrian  monarch,  Leopold  I.,  claimed  the  whole  of  these  dominions 
for  his  son  Charles,  afterward  mperor  ;  and  Louis  XIV.  claimed  them 
for  his  second  son,  Philip  of  Anjou.  afterward  Philip  V.  England,  the 
German  emperor,  and  the  States  General  sided  with  Leopold;  while 
Bavaria  and  Cologne  took  part  with  Louis.  This  war  lasted  ten  years, 
and  was  finally  terminated  by  the  treaties  of  Utrecht,  in  17i;i,  which 
gave  the  Spanish  crown  to  Philip  of  Anjou.  under  the  title  of  Philip  V. 

The  treaty  which  h^ngland  at  this  lime  made  with  Philip,  contains  the 
following  important  article. 

VIII.  Liber  sit  Usus  Navigationis  &  Commerciorum  inter  utriusque 
Regni  Sululitos,  prout  jam  olim  erat  tempore  Pacis.  &z  ante  nuj)errimi 
Belli  denunciationem,  regnantr'CatholicoHispaniarum  RegeCaroloSecun- 
do,  gloriosjB  rnemorijii.  Secundum  Amicitre,  Confa-derationis,  &  Commerci- 
orum Pacta,  qua?  quondam  inita  erant  iiiter  utraiVique  Nationem,  secun- 
dum Consuctudines  antiquas,  Literas  Patentes,  Schedulas,  aliaque  Acta 
speciatim  facta;  atque  etiarn  secundum  Tractatum.  vel  Tractatus  Com- 
merciorum. qui  Madriti  jam  nunc  confecti,  aut  mox  conficioiidi  sunt. 
Cum  vc.ro  inter  a/ias  conditiones  Pads  Gciicrafis,  pra'cipi/a  qumhim  & 
FimdamcrilalLs  Uc.itula  coiiiinnni  conscnsH  stahilila  tiit.nl  ydoigalionis  & 
Commcrdorum  Urns  ad  Iiidias  Occident  ales  Hispanici  Juris  eodeiii  in 
statu  maneat,  quo  f nil  tempore  j^rafati  Regis  Cathd'ci  CnroH  Secundi ; 
Quo  igitur  Regula  hicc,  lide  inviolabili,  &  modo  non  temerando  in  po.s- 
tcrum  obscrvetur,  adeoque  praveniantur,  amoveanturque.  omnes  circa 
istoc  ncgotiuni  Diffidcntiaa,  suspiciorumque  causae,  conventum,  speciatim 

*  Hume's  History  of  England,  vol.  v.  cliap.  41. 


54 


AMEIIICAN    TITLE   TO   OREGON. 


statutuinque  est,  quod  sive  Gallis,  seu  Nation!  cuilibetcunque,  quovis 
nomine,  aut  quocunquc  sub  prtetcxtu,  directe  vel  indirecte,  nulla  unquam 
licentia,  uullaque  onniino  facultas  dabitur  navigandi,  Mercaturam  exer- 
cendi,  aut  Nigritas,  Bona,  Mercimonia,  vel  Res  quascunque  in  Ditiones 
Arnericanas  Corona^  Hispanicn:;  j)arentes  introducendi,  praeterqam  quod 
Tractatu,  vel  Tractatibus  Cominercioruni  Supradictis,  &  Juribus  ac  Priv- 
ilegiis  in  Pactionc  quadani  coneessij,  vulgo  el  Assiento  de  Negros  nun- 
cupata,  cujus  Articulo  Duodecimo  mentio  facta  est,  concordatum  fuerit. 
Excepto  etiam  quidqnid  Rex  Catholicus  prajdictus,  vel  Hwredes,  Successo- 
resve  ejus  Facto  seu  Pac  is  quibusvis  de  Introductione  Nigritarum  in  Indias 
Occidentales  ITispanineobtemperantes  i'oundis  spondebunt,  postquam  Pac- 
tis,  sive  el  Assiento  do  Negros  supradlcta,  .ieterminata  fuerit.  Utque  de 
Navigationc  &  Commercio  ad  Indias  Occidenlales,  ut  supradictum  est, 
firmius,  &  uberius  undiquaqao  priccautum  sit;  hisce  prroterea  conven- 
tum  concordatumque  est,  quod  nequo  Rex  Caholicus,  neque  Hroredes, 
Successoresque  ejus  quilibetcunquc,  ullas  Ditiones,  Dominia,  sive  Terri- 
toria  in  America  His,  inici  Juris,  vel  ullam  earundem  partem,  seu  Gal- 
lis, sive  Nationi  alia^  Luicun(|ue  vendent,  cedent,  oppignorabunt,  transfe- 
rer.!, aut  ullo  n.odo,  ullove  sub  nomine,  ab  se  &  Corona  Hispanica  all- 
enpbunt.  E  contra  autem,  quo  Ditiones  Americanic  Hispaniai  obtempe- 
rantes  parta3  tectfc  conserventur,  spondet  P^egina  Magna;  Britannia^  sese 
operam  daturam,  opemque  laturam  Hispanis,  ut  Limites  antqui  Ditio- 
num  suarum  Americanarum  restituantur,  figanturque,  prout  Regis  Cath- 
olici  Caroli  Secundi  suprr'dlcti  tempore  steterant,  si  quidem  compertum 
fuerit,  ullo  modo,  ullove  sub  prastextu  eosdem  in  parte  quacunque  effrac- 
tos,  imminutosve  esse,  ex  quo  antedictus  Rex  Cailwlicus  Carolus  Secundus 
mort&m  oMerit. 

TRANSLATION. 

"VIII.  Tlic  right  of  navigation,  and  con  merce  between  the  countries, 
subject  to  boti;  nations,  shall  remain  free,  as  it  was  formerly  in  the  time 
of  peace,  before  the  declaration  of  the  late  war,  during  the  reign  of 
his  Catholic  majesty,  Charles  the  Second,  ifuig  of  Spain,  of  glorious 
memory,  according  to  the  treaties  of  friendship,  confederation  and  com- 
merce concluded  between  both  nations,  according  to  ancient  usages  ;  let- 
ters  patent,  schedules,  and  other  acts  specially  provided  ;  and  also  ac- 
cording to  the  treaty  or  treaties  of  commerce  which  have  heretofore 
been  concluded,  or  are  soon  to  be  concluded  at  Madrid. 

"  But  esjiecialiy  uiucng  the  other  conditions  of  a  general  peace,  this  par- 
ticular and  fundamental  rule  is  e.stabii-Jied  by  common  consent:  that 
the  right  of  navigation  and  connuercL.  with  the  West  Indies,  subject  to 
Spain,  shall  remain  in  the  same  condition  as  it  was  in  the  time  of  his  said 
Catholic  majesty,  Charles  the  Second. 

"  To  the  iTid,  tlierefore,  that  this  rulj  may  be  observed  in  good  faith,  and 
ir.  a  manner  in\.olate  in  future,  and  that  all  doulils  and  causes  of  susi)icion 
in  relation  to  this  matter  may  be  anticipated  and  removed,  it  is  especially 
agreed  upon  and  ordained,  that  no  authority  or  permission  of  any  kind, 


or  under 
ting  or  tra| 
other  natif 
dise,  or  ai^ 
of  Spain, 
merce  bef 
secured  IJ 
as  set  fol 
Catholic  if 
sons  entei] 
treaties  ^v 
ish  West 
have  ternj 

<«  And 
to  the  na\ 
is  further 
Catholic  1 
transfer,  < 
and  the  c 
rica,  belo 
other  nat: 
can  territ 
the  Quee 
to  reestab 
sessions, 
Charles  t 
any  man 
the  deatl 

This 

crown  tl 

the  excl 

which  s 

arms  to 

from  he 

That 

the  dea 

taken  i 

north  ; 

her  An 

Thii- 

ope  rati 

En;j 

Avarra 

coast  I 

in  vin 


AMERICAN   TITLE  TO   OREGON. 


55 


II 


'<iue,    quovis 
Hulla  unquam 
;aturam  exer- 
le  in  Ditiones 
Jlerqam  quod 
vibus  ac  Priv- 
Negros  nun- 
tiatuni  fuerit. 
es,  Successo- 
•"um  in  Indias 
5stquam  Pac- 
Utque  de 
idictum   est, 
n-ea.  conven- 
ue  Hteredes, 
,  sive  Terri- 
m,  seu  Gal. 
unt,  transfe- 
spanica  ali- 
ffi  obtempe- 
annias  sese 
ntqui  Ditio- 
?^egis  Cath- 
conipertum 
que  eifrac- 
y  Secundus 


countries, 
1  the  time 
reign  of 
glorious 
and  com- 
ges;   let. 
!  also  ac- 
leretofore 

tills  par. 
'Ht :  that 
ihject  to 
'  his  said 

lifh,  and 
isj)icion 
)ccially 
y  idnd, 


or  under  ai:y  pretext  whatsoever,  either  directly  or  indirectly,  of  navisra- 
ting  or  trading  in  niorcliandise,  shall  l)e  granted  to  the  French  or  any 
other  nation  whatever;  nor  shall  tiiey  import  Negroes,  goods,  merchan- 
dise, or  anything  else  into  the  American  territories,  subject  to  the  crown 
of  Spain,  except  as  may  be  provided  for  in  the  treaty  or  treaties  of  com- 
merce before  mentioned,  and  in  accordance  with  the  rio-hts  and  privileires 
secured  by  a  certain  treaty,  commonly  called  '  el  Assiento  de  Negros,' 
as  set  forth  in  the  twelfth  article  thereof  And  except  whatever  his 
Catholic  majesty  aforesaid,  or  his  heirs  or  successors  may  promise  toper- 
sons  entering  into  the  West  Indies  subject  to  Spain,  under  any  treaty  or 
treaties  whatsoever,  in  relation  to  the  importation  of  sbves  into  tiie  Span- 
ish West  Indies  after  tiie  treaty,  or  '  el  Assiento,'  above  inentioned,  may 
have  terminated. 

'•'  And  that  it  may  be  more  thoroughly  and  fully  provided  for,  in  relation 
to  the  navigation  and  commerce  among  the  West  Indies,  as  aforesaid,  it 
is  further  by  these  presents  covenanted  and  agreed  upon,  that  neither  his 
Catholic  majesty  nor  any  of  hisheirsor  successors  shall  sell,  cede,  pledge, 
transfer,  or  in  any  way  or  under  any  pretence,  alienate  from  themselves 
and  the  crown  of  Spain  any  provinces,  dominions  or  territories  in  Ame- 
rica, belonging  to  Spain  or  any  portion  thereof,  either  to  the  French,  or  any 
other  nation  whatsoever.  But,  on  the  contrary,  in  order  that  the  Ameri- 
can territories  subject  to  Spain  may  be  reinstated  inviolate,  her  majesty, 
the  Queen  of  Great  Britain,  promises  that  she  will  aid  and  assist  Spain 
to  reestablish  and  confirm  the  ancient  boundaries  of  her  American  pos- 
sessions, as  they  stood  in  the  time  of  his  said  Catholic  majesty.  King 
Charles  the  Second,  if  indeed,  it  shall  be  ascertained  that  they  have  in 
any  manner,  or  by  any  means,  been  infringed  upon  or  diminished  since 
the  death  of  his  said  Catholic  majesty,  Charles  the  Second." 

This  article  of  the  '•  Treaty  of  Utrecht"  guaranties  to  the  Spanish 
crown  the  ownership  and  sovereignty  of  the  territories  in  America,  and 
the  exclusive  rights  of  commerce  and  navigation  in  the  Pacific  Ocean, 
which  she  claimed  at  the  death  of  Charles  the  Second,  and  pledges  its 
arms  to  aid  in  restoring  wimtcver  of  these  rights  may  have  been  taken 
from  her  by  any  power  or  means  whatsoever. 

That  Oregon  was  end^raccd  in  this  treaty  appears  evident.     For  before 
the  death  of  his  majesty,  Cliarles  the  Second,  Spain  had  discovered  and 
taken   possession  of    its  whole   coast,  and  the  interior  country,  to  49^ 
north  ;   and  was  known  to  all  civilized  nations  to  claim  it  as  a  portion  of 
her  American  domini(jns. 

This  treaty  of  Utrecht  was  a  tra\,- itoky  convkntiox,*  inviolable,  and 
operating  in  perpetuity,  hr  ever  binding  as  against  the  British  nation. 

England,  therefore ,'in  the  year  1713,  for  ever  quit-claimed  to  Spain,  and 
warranted  f)r  ever  to  her  monarch  :ind  his  successors,  tiie  northwest 
coast  of  North  America,  as  far  north  as  the  Straits  de  Fuca;  and  thereby, 
in  virtue  of  the  perpetual  nature  of  the  treaty  thus  entered  into,  placed  it 


*|Vattel,  Tratnitory  Convention. 


Vattel,  l)Ook  ii.,  cliap.  13. 


56 


AMERICAN   TITLE   TO   OREGON. 


beyond  her  power,  ever  after,  except  by  treaty,  to  resume  any  pretensions 
of  title  to  it.  For  to  that  point  had  fliscoveries  been  made,  and  possession 
taken,  previous  to  the  death  of  Cliarles  the  Second.  She  also  confirmed 
the  claims  of  Spain  to  the  exclusive  sovereignty,  commerce  and  naviga- 
tion of  the  great  South  Sea  or  Pacific  Ocean ;  and  by  consequence,  the 
sole  right  to  explore  and  make  discoveries  farther  to  the  northward.  And 
Spain,  resting  on  these  solemn  treaty  stipulations,  considered  it  unneces- 
sary to  make  farther  explorations  in  that  quarter,  till  the  year  1774,  when 
another  expedition  Has  sent  out,  which  discovered  San  Lorenzo,  (Nootka 
Sound,)  in  latitude  I9i°  north,  and  surveyed  the  coast  with  great  care, 
and  took  possession    f  it  in  due  form,  as  high  as  the  00th  degree  north. 

Another  expedition,  unde'  Hecota,  in  1775,  discovered  the  mouth  of  the 
Columbia  River,  and  called  it  Rio  do  San  Roque.  Maurelle  explored 
the  coast  to  57°  north,  and  surveyed  bays,  harbors  etc.,  and  took  posses- 
sion of  the  country  in  the  name  of  the  king  of  Spain. 

The  discoveries  of  tlie  Spaniards  on  the  northwest  coast  of  America, 
from  the  time  of  Cortez  to  the  year  1775,  are  seen,  therefore,  to  embrace 
both  coasts  of  the  Gulf  of  California — the  Rio  Colorado  of  the  west,  the 
Pacific  coast  from  the  southern  point  of  the  Californian  peninsula  to  lati- 
tude 60°  north,  the  Columbia  River:  the,  entire  line  of  coast  between  these 
degrees  of  latitude,  and  the  two  largest  rivers  of  Western  America.  In  all 
the  practice  of  nations,  those  discoveries  wore,  doubtless,  suflicient  to  en- 
title Spain  to  the  rights  arising  from  prior  discovery.  And  we  liave  de- 
monstrated, by  historical  facts,  that  neither  England  nor  any  other  power, 
up  to  this  date,  could  present  any  opposing  claim  between  these  latitudes. 
Indeed,  at  the  convention  of  Utrecht,  England  and  the  other  powers  of 
Europe  not  only  abandoned,  but  guarantied  these  lands,  and  the  entire 
South  Sea,  to  the  crown  of  Spain,  in  perpetuity. 

It  will  1)(^  manifest  to  the  reader,  at  Uiis  stage  of  our  investigation,  that 
the  title  of  Spain  to  those  countries  and  seas  was  not  only  exclusive,  so  far 
as  exclusive  discovery  could  give  title,  but  that  the  guaranties  of  Eng- 
land,  and  the  other  powers  at  ihe  convention  of  Utrecht,  rendered  all  fur- 
ther acts,  as  subsequent  acts  of  occupancy,  etc.,  unnecessary  to  perfect  that 
title  through  all  after  timo.  For,  by  these  guaranties,  England  and  the 
other  powers  waived  the  necessity  of  occupancy,  oct.,  required  by  the 
laws  of  nations  to  perfect  the  inchoate  rights  of  prior  discovery  ;  and 
waived  also  the  possibility,  on  the  part  of  tlios(^  powers,  of  acquiring,  by 
subsequent  discovery  or  occupancy,  any  rights  in  the  territories  thus 
solemnly  conceded  to  Spain. 

But.  about  this  timo.  England.  JM-anco,  Austria  and  Po,lugal,  parties  to 
the  convention  of  Utrocht,  began  to  violate  iho  faith  plodged  in  those  trea- 
ties, not  only  by  allowing  their  tnorcliant  ships  to  visit  iho  northwest  coast, 
for  the  purpose  of  trado  with  the  savages,  hut  even  by  sending  out  (leets 
to  explore  it  tor  the  fahlod  water-passage  from  the  i'aeific  to  the  Atlan- 
tic. As  those  mercluuit  vessels  wore  not  sent  out  for  the  purjKise  of 
making  discoveries,  not  furnished  with  that  aulhoriiy  from  their  respec- 
tive govermnents,  whicii  the  laws  of  nations  require,  m  order  to  render 


any  disco j 
we  may  \vl 
cussion. 
ble  even  il 
rediscofoer] 
north,  so 
against  S[ 
tain  to  fori 
ter,  it  ma 
English  f| 
Cook,  did 
60°  north,! 
Captain! 
structed  tc 
with  it  in  1 
other  supp 
tude  65° 
passage,  ] 
Pacific  in 
on  the  7th 
observing 
Fuca — pa; 
the  29th,  s 
49^°  north 
away  to  i\v 
as  55°.     'J 
But  it  had 
This  is  the 
of  Americ 
previous  d 
the  Oregoi 
narrative  ' 
coast,  and 
Hanna's  v 
the  East  I 
except  La 
had  they  c 
ol'  latitud( 
were  part 
the  occur 
acquire  r 
of  Col  not 
as  well  a 
of  the  Bi 
derived  f 
this  matt( 
there  we; 


AMERICAN   TITLE  TO   OREGON. 


57 


preteiisions 
J  possession 
3  connrmed 
md  naviga- 
^uence,  the 
^'ard.     And 
it  unneces- 
1774,  when 
:o,  (Nootka 
^reat  care, 
?e  north, 
outh  of  the 
e  explored 
•ok  posses- 

r  America, 
0  embrace 
3  west,  the 
'la  to  lati- 
■ween  these 
I.     In  all 
:ent  to  en- 
have  de- 
ler  power, 
latitudes, 
powers  of 
he  entire 

itioii,  that 
vo,  so  far 

of  Eng. 
I  all  fur- 
ffect  that 

ukI  the 
I  l)y  the 
ly  ;   and 

I'illir,   by 

ics  thus 

•artios  to 
)sc  irea- 
■sl  coast, 
It  llcets 
■   \tlan- 

•|)>H0    of 

respoc- 
I  render 


any  discoveries  made  by  them  available,  in  giving  title  of  sovereignty, 
we  may  well  pass  them  in  silence,  as  not  aflcctirig  the  question  under  dis- 
cussion. But  there  is  this  stronger  reason  for  so  doing  :  it  was  impossi- 
ble even  for  expeditions,  sent  out  with  full  powers  to  make  discoveries,  to 
rediscover  the  Nortiiwest  American  coast,  from  latitude  28°  north  to  60^ 
north,  so  as  to  give  any  shadow  of  title  to  the  sovereignty  over  it,  as 
against  S[)ain.  But  inasmuch  as  there  is  a  disposition  on  the  part  of  Bri- 
tain to  forget  the  distinction  which  the  laws  of  nations  make  in  this  mat- 
ter, it  may  be  well  to  pause  a  moment  here,  and  inquire  whether  any 
English  freetraders,  from  the  year  1775,  or  even  the  celebrated  Caj)tain 
Cook,  did  actually  make  any  discoveries  between  latitudes  28°  north  and 
60°  north,  on  the  Northwest  American  coast. 

Captain  Cook  was  sent  out  in  1770.  This  great  navigator  was  in- 
structed to  "  j)roceed  to  the  coast  of  New  Albion,  endeavoring  to  fall  in 
with  it  in  the  latitude  of  45°."  where  he  waste  procure  wood,  water,  and 
other  supplies,  and  then  proceed  along  the  coast  without  delay,  to  lati- 
tude  65°  north,  where  he  should  commence  his  search  for  "  a  water 
passage,  pointing  toward  [Tudson's  or  Bathn's  Bays.*'  He  entered  the 
Pacific  in  the  summer  of  1777 — saw  Cape  Blanco,  in  latitude  43°  north, 
on  the  7th  of  March,  1778 — passed  the  mouth  of  the  Columbia  without 
observing  it — on  the  22nd  perceived  the  southern  cape  of  the  Straits  de 
Fuca — passed  those  magnificent  straits  without  observing  them — and  on 
the  29th,  anchored  in  the  harbor  of  San  Lorenzo,  or  Nootka,  in  latitude 
49 J°  north.  Hero  he  remained  till  the  26th  of  April,  when  he  stood 
awa  V  to  the  northward  to  the  60th  degree,  and  thence  explored  south  as  far 
as  55°.  This  part  of  the  coast  Cook  surveyed  with  great  care  and  skill. 
But  it  had  long  before  been  discovered  and  explored  by  the  Spaniards. 
This  is  the  substance  and  effect  of  Cook's  voyages  on  tiie  northwest  coast 
of  America,  south  of  latitude  60°  north.  He  only  followed  in  the  path  of 
previous  discoveries  by  the  Sjjaniards,  and  landed  at  only  one  [)oint  on 
the  Oregon  coast — at  San  Lorenzo — Nootka.  The  account  given  in  the 
narrative  of  Cook's  voyages,  of  the  furs  to  be  found  on  the  northwest 
coast,  and  the  extraordinary  prices  given  for  them  in  China,  gave  rise  to 
Hanna's  voyage  in  1785,  Dixon's  and  Portlock's  in  1786,  and  others  from 
the  East  Indies  in  1787  and  '88,  and  of  La  Perouse  in  1790.  All  tiiese, 
except  La  Perouse,  were  mere  traders.  They  made  no  discoveries  ;  and 
had  they  done  so,  they  could  have  availed  nothing  as  against  Spain,  south 
of  latitud)  60°  no'-th.  The  nations  under  whose  dugs  these  vessels  sailed, 
were  parties  to  the  great  IransHonj  ronvcntidu  of  Utrechl — unalterable  by 
the  occurrence  of  war  between  the  contracting  parties,  and  they  could  not 
acquire  rights  over  their  own  acts  of  grant  or  quit-elaim.  The  operations 
of  Colnett  and  Meares,  unavailable,  as  against  Spain,  li)r  these  reasons, 
as  well  as  for  the  many  other  sufficient  ones,  are  set  forth  in  our  notice 
of  the  British  claim  to  Oregon.  And  the  conclusion  which  all  the  facts 
derived  from  British  history,  and  the  history  of  other  nations  concerned  in 
tiiis  matter  is,  that  previous  to  1790.  the  date  of  the  Escurial  Convention, 
there  were  no  rights  existing  in  any  other  nation   than   Spain,  over  that 


58 


AMERICAN   TITLE  TO  OREGON. 


part  of  the  coast  of  northwest  America  lying  between  latitudes  28°  and 
60°  north. 

The  convention  of  the  Escurial  was,  to  the  extent  of  its  terms,  an  ab- 
rogation of  the  treaty  of  Utrecht.  We  have  shown  on  previous  pages,  to 
what  extent  Spain  surrendered  her  previously  existing  rights  ;  that  she 
gave  to  England  the  joint  right  of  navigating  the  South  Sea — of  fishing — 
trading,  and  making  temporary  settlements  for  that  purpose  on  certain 
portions  of  the  Northwest  American  coast.  No  right  of  sovereignty  over 
the  territory  was  conceded  to  England  ;  that  remained  as  it  was  at  the 
death  of  Charles  the  Second  in  1700,  and  as  it  had  been  most  solemnly 
recognized  by  Great  Britain,  at  the  treaty  of  Utrecht  in  1713.  By  the 
treaty  of  the  Escurial  then,  Great  Britain  acquired  only  i  \e  right  to  land 
and  live  upon  the  coast  under  Spanish  laws,  and  to  trade  with  the  Indians 
under  certain  restrictions  and  limitations,  and  nothing  more.  It  was,  at 
best,  a  restricted  joint-tenancy,  subject  to  be  terminated  at  the  will  of 
Spain.  The  concessions  of  this  treaty  of  the  Escurial,  v/ere  indeed  im- 
portant  to  England,  but  were  abrogated  by  the  occurrence  of  war  between 
the  parties  in  1796  ;  and  from  the  very  nature  of  :.  at  treaty,  its  provis- 
ions in  favor  of  Britain  were  not  revived  by  the  suusequent  peace ;  and 
although  England  continued  to  exercise  many  of  the  rights  which  were 
granted  to  her  under  it,  she  did  so  in  violation  of  her  most  solemn  national 
engagements.  In  1796,  therefore,  the  title  of  Spain  to  her  immense  pos- 
sessions along  the  whole  Northwest  American  coast,  as  far  as  60^  north, 
was  disencumbered  of  whatever  concessions  she  had  made  to  England, 
by  the  treaty  of  1790,  and  reverted  back  to  its  original  condition  as  it 
was  in  1700,  the  time  of  the  death  of  Charles  the  Second,  and  as  it  had 
been  recognized  by  England  in  1713. 

And  thus,  this  treaty  of  the  Escurial  was  annulled  by  the  war  of  1796, 
and  was  never  revived.  And  we  repeat,  that  Spain,  by  the  annulling  of 
the  treaty  of  1790,  was  restored  to  the  absolute  and  unconditional  sove- 
reignty (so  far,  at  least,  as  Great  Britain  was  concerned,)  of  the  whole  of 
her  Northwest  American  coast,  and  retained  such  sovereignty  until  the 
treaty  of  Florida,  in  1819,  when  she  ceded  to  the  United  vStates  all  her 
rights  to  the  territory  in  question. 

Treaty  of  atnity,  settlement,  and  limits,  between  the  United  States  and  Spain, 
{commonly  called  the  Florida  Treaty,)  signed  nt  Washington,  February 
22,1819. 

*'  Art.  3.  The  boundary-line  between  tlie  two  countries,  west  of  the 
Mississippi,  shall  begin  on  tho  Gulf  o^  Mexico,  at  the  mouth  of  th(^  River 
Sabine,  in  the  sea,  continuing  north,  along  the  western  bank  of  that  river, 
to  tlie  32nd  degree  of  latitude  ;  thence,  l)y  a  line  due  north,  to  the  degree 
of  latitude  wliere  it  strikes  the  Rio  Roxo  of  Natchitoches,  or  Red  River  ; 
then,  following  the  course  of  tlie  Rio  Roxo  westward,  to  the  degree  of  lon- 
gitude 100  west  from  London  and  23  from  Washington  ;  then  crossing 
the  said  Red  River,  and  running  thence,  by  a  line  due  north,  to  the  River 


Arkansas 
kansas  to 
latitude,  t 
map  of  th 
of  Jaiiiinr 
to  fall  noi 
source  du 
allel  of  la 
All  the  is 
throughou 
the  use  of 
the  said 
boundary, 
inhabitant! 

"  The  t^ 
rights,  cla 
line  ;  that 
and  renoui 
tories  lyin; 
ner,  his  d 
claims,  an 
and  for  hii 
territories 


Here  th( 
whole  Ter 
in  extent  a 
England  h 
the  sequel, 

In  the  J 
neither  a  ] 
power  was 
reference  i 
lie  was  at 
tier  a  fori 
embrace  £ 
its  instituti 
purchas3d 
mouth  of  1 
Mississippi 
the  old  Fr 
tains,  cml) 
France  an 
the  boundi 
ed.  By  til 
France,  al 


AMERICAN    TITLE   TO   OREGON. 


59 


3s  28°  and 

lis,  an  ab- 

pages,  to 
;  that  she 
'  fishing — 
)n  certain 
ignty  over 
vas  at  the 

solemnly 
.  By  the 
ht  to  land 
be  Indians 
It  was,  at 
lie  will  of 
ndeed  im- 
r  between 
its  provis- 
^ace ;  and 
hich  were 
n  national 
tiense  pos- 
50^  north, 

England, 
tion  as  it 

as  it  had 

of  1796, 
lulling  of 
nal  sove- 

whole  of 
until  the 
all  her 


February 

t  of  the 
h(^  River 
lat  river, 
e  degree 
1  Riv<M- ; 
('  of  Ion- 
crossing 
lie  River 


Arkansas  ;  thence  following  tiie  course  of  the  southern  bank  of  the  Ar- 
kansas to  its  source  in  latitude  42  north  ;  and  thence,  by  that  parallel  of 
latitude,  to  the  South  Sea  ;  the  whole  being  as  laid  down  in  Melish's 
map  of  the  United  States,  published  at  Philadelphia,  imin'oved  to  the  1st 
of  January.  1818.  But,  if  tlie  source  of  the  Arkansas  River  shall  be  found 
to  fall  north  or  south  of  latitude  42,  then  the  line  shall  run  from  the  said 
source  due  south  or  north,  as  the  case  may  be,  till  it  meets  the  said  par- 
allel of  latitude  42,  and  thence,  along  the  said  parallel,  to  the  South  Sea. 
All  the  islands  in  the  Sabine,  and  the  said  Red  and  Arkansas  Rivers, 
throughout  the  course  thus  described,  to  belong  to  the  United  States  ;  but 
the  use  of  the  waters  and  the  navigation  of  the  Sabine  to  the  sea,  and  of 
the  said  Rivers  Roxo  and  Arkansas,  throughout  the  extent  of  the  said 
boundary,  on  their  respective  banks,  shall  be  common  to  the  respective 
inhabitants  of  both  nations. 

*'  The  two  high  contracting  parties  agree  to  cede  and  renounce  all  their 
rights,  claims,  anu  /i-etensions  to  the  territories  described  by  the  said 
line  ;  that  is  to  say,  the  United  States  hereby  cede  to  his  Catholic  majesty, 
and  renounce  for  ever  all  their  rights,  claims,  and  pretensions  to  the  terri- 
tories lying  west  and  south  of  the  above  described  line  ;  and,  in  like  man- 
ner, his  Catholic  majesty  cedes  to  the  said  United  States  all  his  rights, 
claims,  and  pretensions  to  any  territorie  east  and  north  of  the  said  line ; 
and  for  himself,  his  heirs,  and  successors,  renounces  all  claim  to  the  said 
territories  for  ever." 

Here  then,  the  United  States  might  rest  their  right  of  sovereignty  to  the 
whole  Terrritory  of  Oregon,  acquired  by  treaty  of  purchase,  th*  same 
in  extent  as  it  was  in  the  hands  of  Spain,  in  1797  ;  a  sovereignty  which 
England  is  bound,  by  the  laws  of  nations,  to  respect,  as  we  shall  show  in 
the  sequel,  by  the  most  solemn  treaties  on  her  part. 

In  the  year  1783,  a  new  power  arose  on  this  Continent,  which  was 
neither  a  party  to  the  treaty  of  Utrecht,  nor  to  that  of  tiie  Escurial.  That 
power  was  the  United  States  of  North  America.  Bound  by  no  treaties  in 
reference  to  making  discoveries  upon  the  northwestern  coast,  the  Repub 
lie  was  at  liberty  to  enlarge  its  territory  in  such  manner  as  to  give  its  fron- 
tier a  form  at  once  capable-  of  defence,  and  sufficiently  extended  to 
embrace  all  the  territory  that  would  be  required  in  the  development  of 
its  institutions  and  the  energies  of  its  people.  Accordingly,  in  1803,  we 
purchased  Louisiana  from  France.  This  vast  valley  extended  from  the 
mouth  of  the  Mississippi  to  the  49th  degree  north  ;  its  eastern  line  the 
Mississipi)i ;  its  western  extension  was  indefinite.  It  was  represented  on 
the  old  French  maps  to  exteml  in  that  direction  beyond  the  Rocky  Moun- 
tains, embracing  rivers  running  westward  into  the  Pacific.  In  1763, 
France  and  (Jreat  Britain  entered  into  the  treaty  of  Versailles  ;  by  which, 
the  boundaries  between  their  several  American  possessions  were  determin- 
ed. By  this  treaty,  it  will  be  seen  Great  Britain  rrlinquished,  irrevocably,  to 
France,  all  her  possessions  west  of  the  Mississippi. 


60 


AMERICAN   TITLK   TO   OREGON. 


This  treaty  of  Vorsaillos,  was  ono  of  mutual  concessions  ;  France 
yielding  to  Britain  the  Canadas,  and  other  possessions  east  of  the  Mis- 
sissippi;  and  receiving  in  return,  a  quit-claim  from  Britain  of  all  her 
riffhts  west  of  the  same  river.  Had  France,  after  that  treaty,  pushed  her 
settlements  through  to  the  Pacific,  could  Britain  have  interposed  ?  And 
if  not  then,  when  has  she  since  acquired  the  right  to  do  so,  as  against 
France  or  her  grantees?     This  was  a  transitory  convention. 

England  had,  previous  to  1763.  claimed  that  her  Atlantic  territories 
extended  across  the  valley  of  the  Mississipj)i — over  the  Rocky  Mountains 
to  the  Pacific  Ocean.  Indeed  that  old  leaven  of  arrogant  amhition,  so 
long  ago  tried  to  grasp  the  rights  of  France,  arising  out  of  discovering  the 
Mississippi  river,  and  the  occupancy  of  the  valley,  as  it  now  desires  to  do 
those  of  the  Republic,  derived  from  discovery,  purchase,  and  occupancy, 
and  every  other  just  title,  to  Oregon.  France  had  many  reasons,  there- 
fore, for  obtaining  from  that  unscrupulous  neighbor,  a  guaranty  of  her 
territories  "west  of  the  Mississippi;"  and  did  so  in  this  treaty  of  Ver- 
sailles, as  far  as  49°  north.  If,  therefore,  she  owned  any  land  beyond 
the  Mississippi  valley,  she  ceded  it  to  France.  If  she  did  not,  she  ce- 
ded to  her  the  right  as  against  herself,  of  acquiring  title  to  all  the 
territory  of  America  lying  "  west  of  the  Mississip{)i  river,  and  south 
of  the  forty-ninth  parallel  of  latitude."*  How  will  British  sophistry 
maintain  her  claim  to  the  Oregon  as  against  the  grantees  of  France  ? 
To  this  treaty,  the  United  States,  by  the  pu;>'hase  of  1803,  have  become 
a  party  ;  and  as  by  the  treaties  oi^  Utrecht  and  Versailles,  FiUgland  has 
abandoned  in  the  one  case,  to  S})ain,  as  high  as  latitude  48°  north,  on  the 
northwestern  coast  of  America,  and  in  the  other,  as  high  as  49°  on 
the  same  coast;  it  becomes  difficult  to  see,  with  what  pretence  of  right 
she  now  comes  forward  to  recover  what  she  has  thus  solemnly,  by  two 
several  treaties,  defeased  to  others. 

It  is  proper  to  remark,  as  we  proceed,  that  the  discoveries  of  England 
on  the  northwest  coast,  after  the  treaty  of  1790,  with  Spain,  and  before 
the  treat}  of  Ghent,  in  1815,  could  not  confer  upon  Great  Britain  any 
rights  of  sovereignty.  For  the  treaty  of  1790  defined,  to  their  fullest  ex- 
tent, the  rights  of  Britain  on  the  western  coast  of  America,  and  left  the 
sovereignty  in  Spain,  as  settled  by  the  treaty  of  Utrecht,  in  1713.  The 
only  matter  remaining  open,  was,  how  far  to  the  north  the  Spanish  dis- 
coveries extended  at  the  death  of  Charles  the  Second,  in  1700.  This 
limit,  we  have  shown,  was  in  latitude  48°  north.  Befire  England,  there- 
fore, can  claim  any  sovereignty  south  ot'  this  limit,  she  must  first  obtain 
an  express  grant  of  the  same,  from  Spain,  or  her  grantees.  Is  there  any 
such  grant  in  the  treaty  of  1790  ?     Notliinir  like  it. 

It  should,  in  this  connection,  be  remarked,  that  while  we  hold  that  the 
treaty  of  1790,  was  annulled  by  the  war  of  1790.  the  same  cannot  be  said 
of  the  treaties  of  1713,  and  of  1703.  These  latter  compacts  were  binding 
upon  the  high  contracting  parties  thereto,  and  their  successor.-i — and  ac- 
cording to  Vattel,  remain  in  force  foi-  ever.     They  wre  iiansitory  con- 

*  See  Story  Coin.,  Vol.  i,  ]).  17. 


vention.^ 

but  con 

rights 

purchii^ 

self,  to  t 

an  lUHjii 

tiguity. 

the  Seer 

and  of 

discover 

disabiliti 

Accor 

the  Colli 

nearly  t 

Maquilli 

Clark,  ii 

all  stand 

title  to  t 

against  I 

by  her  o 

also,  in 

United  S 

In  con 

fully  disc 

deed, sine 

surveyed 

confers  n 

reignty  t 

tempted  t 

in  thus  I 

post  on  tl 

States  ha 

She,  inde 

the  Colut 

Lewis  ai 

Ainericai 

tory,  as  a 

possessioi 

surrendci 

express  t 

affecting  1 

Spanish    ' 

guarantie 

rope,  a  hi 

purchase 

lliat  our  t 

derived  fi 


:   France 

■  the  Mis- 
)('  all  her 
iusIumI  her 
h1  ?  And 
as  against 

territories 
Mountains 
nbition,  so 
verinj;  the 
sires  to  do 
ccupancy, 
ms,  there- 
ity  of  her 
:y  of  Ver- 
id  beyond 
)t,  she  ce- 
to  all  the 
and  south 
sophistry 

■  France  ? 
ve  become 
Inland  has 
rtl),  on  the 
IS  49°  on 
;e  of  right 
ly,  by  two 


England 
nd  before 

itain  any 
uUcst  ex- 
Icft  the 
18.  The 
aiiish  dis- 
)().  This 
11(1,  thore- 
rst  obtain 
there  any 


AMERICAN   TITLE   TO    OREGON. 


61 


t)iat  the 
•t  1)0  said 
(>  binding 
—and  ac- 
itury  con- 


ventions. So  that,  if  the  treaty  of  the  Escurial  did  not  expire  in  179B, 
but  conios  in  to  d(>privo  us — and  we  deny  even  this — of  any  of  our 
rights  purchased  from  Spain,  certainly  by  the  treaty  of  Versailles,  we,  as 
purcluisers  of  Louisiana,  have  an  unconditional  grant  from  England  her- 
self,  to  that  part  of  the  Territory  of  Oregon  lying  south  of  49°  north,  and 
an  unquestionable  right  to  the  remainder  lying  north,  by  the  law  of  con- 
tiguity, and  the  discoveries  of  Spain,  subsequent  to  the  death  of  Charles 
the  Second.  Again,  although  England,  by  virtue  of  the  treaties  of  1713 
and  of  17(53,  was  precluded  from  gaining  any  rights  of  sovereignty  from 
discovery  or  occupancy,  the  United  States  have  labored  under  no  such 
disabilities. 

Accordingly.  th.>  discovery  of  Washington  Island  in  17S9,  by  Gray  ; 
the  Columbia  Rivi'i-.  in  J 792;  of  Bulfmch's  Harbor;  the  purchase  of 
nearly  the  whole  of  the  island  on  which  Nootka  is  situated,  in  1792,  of 
Maquilla  and  other  chiefs;  the  explorations  ai\(l  occupations  of  Lewis  and 
Clark,  in  ISOo-O  ;  of  Henry  and  others,  1808;  and  of  Astor,  in  1811  ; 
all  stand  out  for  their  own  value,  under  the  laws  of  nations,  as  conferring 
title  to  the  sovereignty  of  Oregon.  They  are  certainly  available  to  U8 
against  Britain,  who,  as  has  been  abundantly  shown,  was  not  only  barred 
by  her  own  treaties  from  acquiring  title  by  discovery  or  occupancy,  but 
also,  in  fact,  never  did  anything  more  than  survey  what  Spain  and  the 
United  States  had  previously  discovered  and  occupied  on  that  coast. 

In  conclusion  we  remark — Britain  did  not  discover  Oregon.  It  was 
fully  discovered  by  Spain  before  a  Briton  ever  saw  its  coast.  She  has,  in- 
deed, since  the  date  at,  which  the  Spaniards  explored  to  latitude  00°  north, 
surveyed  its  rivers  and  inlets  ;  but  the  surveying  another's  possessions 
confers  no  title  to  them.  Britain  and  Europe,  in  1713,  conceded  its  sove- 
reignty to  Spain ;  since  that  time,  Mcarcs,  and  other  Britons,  have  at- 
tempted to  occupy  those  dominions  of  a  neighbor,  but  have  not  succeeded 
in  thus  pirating  any  title  to  the  country.  She,  indeed,  built  a  trading- 
post  on  the  head  .vaters  of  Frazer's  River  ;  but  it  was  after  the  United 
States  had  occupied  the  valley  of  the  Columbia,  by  Lewis  and  Clark. 
She,  indeed,  built  trading-posts  on  the  head-waters  of  the  north  branch  of 
the  Columbia  River  ;  but  it  was  after  the  Columbia  had  been  occupied  by 
Lewis  and  Clark.  She  has,  indeed,  had  possession  of  Astoria  and  other 
American  posts,  for  many  years  ;  but  that  occupancy  is  rend(u-ed  nuga- 
tory, as  against  the  American  title,  by  the  fact  that  she  came  into  that 
possession  by  an  act  of  war,  and  annulled  it,  as  conferring  title,  by  the 
surrender  of  the  country  at  the  restoration  of  peace  ;  and  since  that  event, 
express  treaty  stipulations  previMit  ihe  oeeupaiiey  of  her  subjects  from 
affecting  tlic  claims  of  thi'  Vn'wod  States  ;  who.  on  the  other  hand,  hold  the 
Spanish  title  of  discovery,  occupancy  and  contiguity,  all  which  were 
guarantied  to  the  crown  of  Spain,  by  Hritain.  France,  and  the  rest  of  Eu- 
rope, a  hunil  1-0(1  and  forty  years  ago.  Wo  have  our  own  title  of  discovery, 
l)urcliaNO  IVoiu  the  Indians,  ami  ooeupancy.  And  further,  we  assert. 
that  our  title  is  supported  by  that  law  of  nations  which  strongthoiis  a  tiilo 
derived  from  discovery,  etc.,  t)y  the  consideration  of  contiguity,  its  position. 


62 


AMERICAN   TITLE  TO   OREGON. 


and  natural  dependence  for  commercial  and  civil  affairs,  upon  tlie  several 
claimants.  Ore^fon  is  more  naturally  dependent  in  these  respects,  on 
California  and  Mexico,  than  upon  the  Canadas,  and  the  frozen  regions  of 
British  America.  We  have  purchased  from  Spain  this  right  of  contiguity. 
Therefore,  for  all  the  reasons  ever  assigned  l)y  Britain  in  such  cases — 
by  the  laws  and  customs  of  nations,  and  by  grant  from  Britain  herself, 
Oregon  i-  ours. 

The  author  of  these  pages  desires  to  put  a  single  question  to  his  coun- 
trymen. He  would  do  it  Avith  the  deepest  feeling  which  love  of  country 
can  inspire.  Me  would  urge  its  consideration  home,  upon  that  mighty 
impulse  of  the  American  mind,  which  had  the  intelligence  to  perceive  its 
rights,  and  the  courage  to  defend  them  in  the  struggles  of  the  Revolution. 
Will  you  defend,  at  every  hazard,  the  rights  and  honor  of  your 
country  ;  or  will  you  yield  them,  and  your  own  honor,  to  the  inso- 
LENT PRETENSIONS  OF  Great  Britain  ?  I  bcliove  the  response  from  every 
hamlet  in  the  land,  will  be  an  indignant  ne"ative.  Shall  we  not  hear 
everywhere  uttered,  in  the  firmest  tones :  "  We  demand  what  is  clearly 
right ;  we  submit  to  nothing  tliat  is  M'rong."  The  value  of  Oregon,  to 
us,  is  inestimable.  In  an  aijricultural  sense,  that  Territory  would  be 
worth  little.  But,  when  we  remember  that  the  genius  of  our  government 
forbids  us  to  establish  colonies  on  the  islands  of  the  Pacific  ;  that  we  can 
never  own  a  harbor  on  that  sea,  unless  we  retain  Oregon  ;  that  there  is 
the  finest  group  of  harbors  in  the  world  on  the  northern  portion  of  Ore- 
gon ;  that  there  are  none  south  of  latitude  47°  nortli ;  that  Britain  claims 
that  the  Columbia  River  shall  be  the  line  between  her  and  us ;  that  by 
yielding  to  her  demands,  we  shall  not  have  a  bay  on  that  great  Ocean,  in 
which  a  common  merchant  vessel  can  find  shelter  from  a  storm ;  that  the 
nation  which  shall  own  the  ports  in  the  north  part  of  the  territory,  will 
control  the  whole  maritime  and  commercial  interest  of  the  North  Pa- 
cific :  that  the  distance  between  the  naviixable  waters  of  the  Missouri 
River,  and  the  splendid  harbor  of  Puget's  Sound,  in  latitude  47^  north,  is 
only  abouf  three  hundred  miles;  that  a  rail-road,  six  hundred  miles  in 
length,  costing  less  than  the  Eric  Canal,  will  bring  the  commerce  of  the 
Indies  into  the  heart  of  the  Republic  ; — we  may  well  ask  ourselves,  if  we 
will  yield  this  most  important  of  all  our  national  wealth,  to  the  unscru- 
pulous and  baseless  claims  of  Britain  ?  Shall  it  be  done  ?  It  will  not. 
mitil  we  cease  to  be  Americans. 


THE    END. 


The  k 
very  vali 
Territory 


The  Coynt) 
denies  iiu 
Council 

The  Seer 

ing  of  tlie 

the  follovvi 

Iiulians,  wl 

at  from  two 

them  and  tli 

midable  as  < 

proper  influ< 

in  war — to  s 

acliainof  pc 

of  the  Colun 

north  to  the 

lories  belong 

ill  Ills  messaj 

of  the  ISecre 

posts  from  C 

benefit  there! 

wilderness  le 

age  tribes  inl 

llements,  and 

settlements  a 

Mountains,  \ 

inendations  ii 

Tlnis  invoi 

carefully  to  1: 

tion,  and  all  l 

iai>s  lias  give 

Mr.  Monrc 

iiig  language : 

"  111  lookin 

<iihI  on  the  w( 

i'o.'^l  at  ihe  nu 

our  acknowJe 

merce  and  fisl 

creasing.     It  ] 

would  aJ}()rd  j 

of  the  North  V 


the  several 
respects,  on 
n  regions  of 
f  contiguity, 
ich  cases — 
ain   herself, 


A  P  I'  E  N  D  I  X . 


to  his  coun- 
j  of  country 
that  mighty 
I  perceive  its 
!  Revolution. 

[OR    OF    YOUR 
ro  THE    IMSO- 

e  from  every 
we  not  hear 
,at  is  clearly 
f  Oregon,  to 
ry  would  be 
r  governraeni 
,  that  we  can 
that  there  is 
rtion  of  Orc- 
3ritain  claims 
us;  that  by 
eat  Ocean,  in 
irm ;  that  the 
erritory,  will 
,e  North  Pa- 
the   Missouri 
47^  north,  is 
red  miles  in 
merce  of  the 
rselvcs,  if  we 
the  unscru- 
It  will  not. 


The  following  Report  of  a  Committee  of  Congress  in  1843,  is  thought 
very  valuable,  as  illustrating  the  title  of  the  United  States  to  Oregon 
Territory. 

REPORT. 

The  Cotnmillea  on  MUllanj  A  flairs,  to  ichich  «'rts  referred  no  much  of  the  Presi- 
denies  inesmge  as  rekiles  to  the  eslahlishmenl  (f  a  chain  (f  inilitary  posts  from 
Council  Bluffs  lo  /he  Pacific  Ocean,  submits  thefoUoiving  report : 

The  Secretary  of  War,  in  his  report  accompanying  the  President's  message,  speak- 
ing of  tlie  "  territory  wliich  extends  from  the  Lakes  to  the  Gulf  of  Mexico,"  has 
the  following  remark :  "  It  is  in  immediate  contact  with  numerous  wild  and  warlike 
Indians,  who  are  capable  of  bringing  into  the  lield  a  number  of  wai-riors  estimated 
at  from  twenty  to  thirty  thousand.  From  the  intercourse  which  sxibsists  between 
them  and  the  traders,  and  emissaries  of  foreign  nations,  they  may  be  rendered  as  for- 
midable as  any  description  of  force  that  could  be  brought  against  us.  To  secure  a 
proper  influence  over  them  in  peace,  and  to  counteract  and  control  their  dispositions 
in  war — to  secure  our  own  territory,  and  to  protect  our  traders,  it  is  indispensable  that 
a  chain  of  posts  should  be  established,  extending  from  the  Council  Bluffs  to  the  mouth 
of  the  Columbia,  so  as  to  command  the  avenues  by  which  the  Indians  pass  from  the 
north  to  the  south,  and  at  the  same  time  to  maintain  a  communicatioir  with  the  terri- 
tories belonging  to  us  on  the  Pacific."  In  allusion  to  the  same  subject,  the  President, 
m  his  message,  says:  "  I  recommend  particularly  to  your  consideration,  that  portion 
of  the  Secretary's  report  which  proposes  the  establishment  of  a  chain  of  military 
posts  from  Council  Bluit's  to  some  point  on  the  Pacific  Ocean  within  our  limits.  The 
benefit  thereby  destined  to  accrue  to  our  citizens  engaged  in  the  fur  trade  over  that 
wilderness  region,  added  to  the  importance  of  cultivating  friendly  relations  with  sav- 
age tribes  inhabiting  it,  and  at  the  same  lime  of  giving  protection  to  our  frontier  set- 
tlements, and  of  establishing  the  means  of  safe  intercourse  between  the  American 
settlements  at  the  mouth  of  the  Columbia  River  and  tlio.se  on  this  side  ol  the  Rocky 
Mountains,  would  seem  to  suggest  the  importance  of  carrying  into  effect  the  recom- 
mendations upon  this  head,  with  as  little  delay  as  may  be  practicable." 

Thus  invoked  by  these  high  authorities,  whose  especial  and  resjionsible  duty  it  is 
carefully  to  have  weighed  all  the  circumstances  which  may  justify  this  recommenda- 
tion, and  all  the  consequences  to  which  it  may  lead,  the  Cominittce  on  Military  Af- 
iai's  has  given  to  tiiis  subject  the  anxious  consideration  its  importance  demands. 

Mr.  Monroe,  in  his  last  anirual  message,  referring  to  this  subject,  uses  the  follow- 
ing language : 

"  in  looking  to  the  interests  which  the  United  States  have  on  the  Pacific  ocean, 
and  on  the  western  coast  of  this  Continent,  the  propriety  of  establishing  a  military 
post  at  the  mouth  of  the  Columbia  river,  or  at  some  other  point  in  that  quarter,  within 
our  acknowledged  limits,  is  submitted  to  the  consideration  of  Congress.  Our  com- 
merce and  fishing  on  that  sea  and  along  the  coast  have  much  increased  and  are  in- 
creasing. It  is  thought  that  a  military  post  to  which  our  ships  of  war  mighl  resort, 
would  atlbnl  protection  to  every  interest^  and  have  a  tendency  to  conciliate  the  tribes 
of  the  Nortlnvest,  with  wliom  our  trade  is  extensive.    It  is  thought,  also,  that,'_^by 


64 


APPRNDIX 


the  establishment  of  such  a  post,  th«  intercourse  between  our  Western  Stales  and 
Territories  ami  the  I'acitic,  and  our  trade  with  the  trihe.s  re^idin;^  in  ihi;  interior,  on 
each  side  of  the  Rocky  IVlotintaiiis,  would  lie  csscMtially  promoted.  'I'o  carry  this 
object  into  elk'ct,  the  aiipro|)nali(in  of  an  adccjiiate  sum  to  authori/r  (Ik^  employment 
of  a  friijate,  with  •.;ii  oiricer  of  the  corps  of  enj;int;i..s  'o  explore  the  mouth  of  the 
Columbia  River  and  the  coast  contijijuous  thereto,  to  enalde  the  Kxecutive  to  make 
such  establishment  at  the  most  suitable  pmnt,  is  recor'-Mmded  to  Congress." 

Mr.  Adams,  in  his  first  message,  in  1825,  referring  to  tliis  recommendation  of  Mr 
Monroe,  says  : 

"  'i'lie  interior  of  our  own  territories  has  yet  hoeii  very  imperfectly  e.\  j)lore(l.  Our 
coasts,  along  many  degrees  ol  latitude  ujion  the  shores  of  the  I'acilic  Ocean,  though 
much  fie(|uente(l  by  our  spirited  commercial  navigators,  have  betMi  rarely  visited  by 
our  public  ships.  J'lie  river  of  the  wot,  liisl  fully  discovered  and  navigated  by  a 
countryman  of  our  own,  still  bears  the  name  of  the  ship  in  which  lie  ascended  it,« 
waters,  and  claims  the  protection  of  our  armed  national  flag  at  its  mouth.  VVitli  the 
establishment  of  a  military  jiost  tlieie,  or  at  sonu'  other  point  of  the  coast,  recom- 
mended by  my  predecessor,  and  already  matured  m  the  deliberations  of  the  la>t 
Congress,  I  would  suggest  the  expediency  (d  connecting  the  ecjuipnient  of  a  public 
ship  for  the  exploration  of  the  whole  JSorthwest  coast  of  this  Continent." 

The  attention  ot  the  committee  has  been  in  the  liist  place  diiecled  to  (he  title  of  the 
United  States  to  the  territory  churned  by  them  on  the  Pacific  Ocea/i,  and  which  ii< 
contested  by  (ireat  Britain. 

Russia,  (Jreat  Britain,  the  United  States,  and  Mexico,  and  in  the  order  in  whicli 
they  are  here  named,  from  nortfi  to  south,  claim  the  possession  of  the  whole  west- 
ern coast  of  North  America.  By  the  Florida  treaty,  concluded  between  the  King  ol 
Spain  and  the  United  States  on  the  22nd  of  February,  1819,  the  forty-second  degree 
of  north  latitude,  from  the  source  of  the  river  Arkansas  to  the  South  Sea,  is  estab- 
lished as  the  boundary  between  the  two  countries  in  that  quarter;  and  his  Catholic 
majesty  ceded  to  the  United  States  all  his  rights,  claims,  and  pretensions,  to  any  ter- 
ritory north  of  said  line  ;  and  for  himself,  his  heirs  and  successors,  renounced  all 
claim  to  the  said  territories  for  ever.  At  the  time  of  the  ratification  of  this  treaty, 
Mexico  constituted  a  part  of  the  Spanish  monarchy,  and,  as  such,  was  bound  by  il> 
stipulations.  Mexico,  having  established  her  independence  of  the  Crown  of  Spain, 
to  remove  all  doubts  upon  this  subject,  made  a  treaty  of  limits  with  the  United  State? 
on  the  12th  .January,  1828,  by  which  the  said  forty-second  degree  of  north  latitude 
designated  by  the  Florida  treaty  was  recognized  and  confirmed  as  the  boundary  line 
between  "the  respective  bordering  territories  of  the  Unit(!d  States  of  North  America 
and  of  the  United  Mexican  States."  By  these  two  treaties  with  Spain  and  Mexico,  i 
the  southern  boundary  of  the  United  States  is  permanently  established,  and  tliere  i.-  | 
no  difficulty  ordi.'ipute  in  that  quarter. 

By  the  third  article  of  the  convention  f)etween  the  United  States  and  Russia,  signed 
at  St.  Petersburg  in  April,  1824,  it  is  "  agreed  that  hereafter  there  shall  not  be  formei! 
by  the  citizens  of  the  United  States,  or  under  the  authority  of  said  States,  any  estab- 
lishment upon  the  nordiwest  coast  of  America,  nor  any  of  the  islands  adjacent,  h 
the  north  of  /if ti/- four  degrees  forty  ininutci  if  north  latitude  ;  and  ttiat,  in  tlif 
same  manner,  there  shall  be  none  formed  by  Russian  subjects,  or  under  the  authoril} 
of  Ru-ifiia,  south  of  the  same  paralbd.  In  the  convention  between  (Jreat  Britain  aiu:| 
Russia,  signed  at  St.  Pefersluiig  in  F'ebruary,  182.'),  the  intersection  of  the  same  paral- 
lel of  li fly- four  degrees  forty  mm iiti.'S  of  north  laiilnde,  and  the  southernmost  point  o: 
Prince  of  VVales'.s  Island,  is  established  as  the  cominenceiiient  of  the  line  ol  dem:ii| 
cation  between  their  possessions  "  ujioii  the  coast  of  (he  (.'outinenl  and  the  islands  i 
Amerii.a  to  the  northwest." 

By  tliesi;  several  treaties  with  Spain,  Mexico,  and  Russia,  the  United  States  )ia\: 
limited  their  claim  on  the  Pacific  (Vean  to  tvveh'e  degrees  and  forty  minutes  of  lati 
tude;  that  is.  to  llio  space  intervening  between  forty-two  and  f(Xty-f»Ai.ir  degrees  an 
forty  minutes  of  north  laliliide.     Great  Britain  as.seits  lui   title  to  the  whole,  or  i\ 
large  part  of  this  terriiovy.     This  title  the  committee  pn.po.-e  very  briefly  It)  exaniir.if 
fully  convinced  that  it  cannot  be  suslained 

By  tiie  second  article  of  the  convenlon  o,  'he  2()fh  day  of  October,  181S,  f)etw.'i'r.| 
Grea,  Britain  and  the-  Uiiileii  States,  it  is  au,n.  'd  lliat  tlie  "4f)th  parallel  of  north   'a 
tilde  shall  be  the  line  of  demarcation  of  their  respective  territories,  from  the  noilli'l 


%vieslem  p( 

J  82(5,  the 

of  latitude 

west  to  the 

and  in  tlu 

tain  and  tli 

drav\-n  fron 

waters  of  tl 

in  the  I'aci 

the  Americ 

m  the  grou 

latitude.     1 

minister,  \vj 

itself  bound 

of  separatio 

but  would  c 

United  State 

nations  to  tl 

such  manne 

The  cornn 

for  a  more  fi 

Houses  of  ( 

memoir  preji 

John  Forsytl 

The  Unite 

discovery  anc 

and  Florida  f 

ihus  acquired 


The  treaty 
between  Grea 
the  limits  bet 
The  same  cor 
n'es  between  I 
were  accord  in 
they  actually 
no  formal  reci 
established  is, 
purpose;  and 
lished  in  the 
territories  on 
sioners  accord 
larly  from  the 
ernmost  pari  c 
Rive^  and,  in 
the  United  Sta 
settled  by  the 
find  Messrs. 
minister  as  fol 

*  The  first  repo 

01  Virginia,  to  tl 

pose.     (House  Do 

Baylies,  of  Mnssa. 

post  at  the  raouti 

and  a  «upplementi 

third  report  was  n 

lation  to  the  territ( 

jnentjil  report,  Fel 

hy  Mr.  Lynn,  of  JN 

dent  to  oocupy  the 

The  IVIemoir  of  1 

1839-'40,  vol.  4., 


APPENDIX. 


65 


\\Tsfem  point  of  the  Lakc-of-the-Woods  to  the  Ston)'  Mountains.  In  1824  and 
I,S2(i,  tho  United  Statijs  i)ropo8P(l  to  Orcut  Jirilnin  to  ailojtt  this  same  45th  jiarallel 
of  latitude  as  the  hnc  between  their  if'spective  territories,  from  the  Jiocky  Mountains 
west  to  the  Pacific  Ocean.  To  this  proposal  the  British  ministry  refused  to  accede, 
and  in  their  turn  proposed  "  that  the  bounchiry  between  the  territories  of  Great  Bri- 
t;iin  and  those  of  the  Unite  I  States  west  of  the  Rocky  Mountains  should  be  a  line 
drawn  from  those  mountains  westward,  along  the  49lh  j)arallei,to  the  nearest  head- 
waters of  the  Columbia,  and  thence  down  the  middle  of  the  stream  to  its  termination 
in  the  Pacific— the  British  possossina;  tli«>  country  north  and  west  of  such  line,  and 
the  Americans  that  on  the  other  side."  This  proposal  the  United  States  rejected, 
on  the  ground  that  it  gave  (ireat  Britain  territory  south  of  the  forty-ninth  degree  of 
latitude.  The  negotiation  having  thus  failed,  in  18e7,  Mr.  Gallatin,  the  American 
minister,  was  directed  to  give  notice  that  the  "  American  Government  did  not  hold 
itself  hound  hereafter,  in  consecpience  of  any  projjosal  which  it  had  made  for  a  line 
of  separation  ktween  the  territories  of  llie  two  nations  beyond  the  Kocky  Mountains, 
but  would  consider  itself  at  liberty  to  contend  for  the  full  extent  of  the  claims  of  the 
United  States."  All  efforts  to  settle  by  negotiation  the  conllicting  claims  of  the  two 
nations  to  the  territory  in  question  having  failed,  each  is  left  to  assert  its  right  in 
such  manner  as  its  own  honor  and  interest  shall  dictate. 

The  committee  submits  a  brief  abstract  of  the  title  of  the  United  States,  referring, 
for  a  more  full  and  general  view  of  it,  to  the  several  reports  heretofore  made  to  both 
Hou.ses  of  Congress,  to  the  corresjiondence  with  Great  Britain,  and  an  interesting 
jnemoir  pre])ared  in  18-10,  by  ]\Tr.  Robert  Greenhow,  under  the  direction  of  the  Hon. 
John  Forsyth,  then  Secretary  of  State.* 

The  United  States  claim  the  territory  in  question  in  virtue  of  their  own  original 
discovery  and  possession,  and  as  successors  of  France  and  Spain  under  the  Louisiana 
and  Florida  treaties.  The  committee  is  therefore  led  to  the  investigation  of  the  titles 
thus  acquired;  and,  first, 

OF  THE  FRENCH  TITLE, 

The  treaty  of  Utrecht  was  concluded  in  1713.  By  the  tenth  article  it  was  agreed, 
between  Great  Britain  and  France,  to  determine  within  one  j^ear,  by  commissionerp, 
the  limits  between  the  Hudson'.s  Bay  and  the  places  appertaining  to  the  French. 
The  same  commissioners  were  also  authorized  to  settle,  in  like  maimer,  the  bounda- 
ries between  the  other  British  and  French  colonies  in  those  parts.  Commissioners 
were  accordingly  appointed  by  the  two  Powers,  and  there  is  strong  reason  to  l)elieve 
they  actually  established  the  boundaries  according  to  the  terms  of  the  treaty,  although 
no  formal  record  of  the  fact  now  exists.  The  evidence  that  the  boundaries  were  thus 
established  is,  first,  the  fact  of  the  appointment  of  the  commissioners  for  that  express 
purpose;  and  that  two  distinct  lines  nmy  be  found  traced  on  the  difTerent  maps  pub- 
lished in  the  last  century,  each  purporting  to  be  the  limit  between  the  Hudson's  Bay 
territories  on  the  north  and  the  French  possessions  on  the  south,  fixed  by  commis- 
sioners according  to  the  treaty  of  Utreccht,"  One  of  these  lines  "  is  drawn  irregu- 
larly from  the  Atlantic  to  a  point  in  the  49th  parallel  of  latitude,  south  of  the  south- 
ernmost part  of  the  Hudson's  Bay,  and  thence  westward  along  that  parallel  to  Red 
Rive*",  and,  in  some  maps,  still  further  west.  This  line  is  generally  considered  in 
the  United  States,  and  has  been  assumed  by  their  government,  as  the  true  boimdary 
settled  by  the  commissioners  agreeably  to  the  treaty  above  mentioned."  Thus  we 
find  Messrs.  Monroe  and  Pinckney,  at  Madrid,  in  1805,  writing  to  the  Spanish 
minister  as  follows  :    "  In  conformity  with  the  tenth  aiticle  of  the  first-mentioned 

*  The  first  report  upon  "  the  expediency  of  occupying  the  Columbia  River"  was  made  liy  Mr.  Floyd, 
of  Virginia,  to  tiio  House  of  Representntives,  January  25,  1821,  accompanied  by  a  bill  for  that  pur- 
pose. (House  Doc.  1820— '21,  No.  45.)  The  second  report  came  from  a  select  committee,  of  which  Mr. 
Baylies,  of  Massachusetts,  was  chairman,  to  which  had  been  referred  the  subject  of  establishing  a  military 
post  at  the  mouth  of  the  Columbia  River,  etc.,  January  10,  1820,  (Ho.  Doc,  1825— '26,  vol.  1.,  No.  .15  ;) 
and  a  supplemental  report  from  the  same  committee,  May  15,  1820.  (Ho.  Doc,  vol.  2.,  No.  213.)  The 
third  report  was  made  by  Mr.  Gushing,  of  Massachusetts,  from  the  Committee  on  Foreign  Relations,  in  re- 
lation to  the  territory  of  the  United  States  beyond  the  Rocky  Mountains,  January  4, 1839 ;  and  a  supjjle- 
mentil  report,  February  10,  1S<9.  (Ho.  Doc,  vol  1,  No.  101.)  The  fourth  report  was  made  to  the  Senate, 
by  Mr.  Lynn,  of  Missouri,  from  the  select  committee  to  which  was  referred  the  bill  to  authorize  the  Presi- 
dent to  occupy  the  Oregon  Territory,  June  0,  1838.    (Senate  Doc,  No.  470.) 

The  Memoir  of  Mr.  Greenhow  was  printed  by  order  cf  the  Senate,  and  is  to  be  found  in  Senate  Doc. 
1839-'40,  vol.  4.,  No.  174. 

5 


m 


99 


APPENDIX. 


treaty,  (treaty  )f  Utrecht,)  the  boutidiiry  between  r;ina(]a  and  Louisiana  on  the  one 
Bide,  aud  th"  Hudson's  Bay  and  Northwestern  Companit's  on  the  other,  was  es- 
fcibhshed  by  commissioners  by  a  line  to  commence  at  a  cape  or  promontory  on  the 
ocean  in  58  degrees  31  minutes  ivorth  latitude;  to  nm  thence  southvvestwanily  to 
latitude  49  degrees  north  from  the  equator,  and  along  that  line  iiuiefmitely  westward.*' 
These  e.vtracts  are  taken  from  the  Memoir  of  Mr.  Greenhow,  who,  it  is  proper  to 
add,  considers  the  opinion  that  these  boundary  lines  were  actually  established  by 
the  commissioners  "at  variance  with  the  nuist  ticcredited  authorities."  In  th's 
opinion  the  committee  docs  not  concur ;  so  far  from  doing  so,  it  is  thought  the 
presumption  that  the  49th  parallel  was  adopted  by  the  commissioners  under  the 
treaty  of  Utrecht,  is  strengthened  by  the  line  of  demarcation  subsetiuently  agreed  on 
by  the  treaty  of  Versailles,  in  1763,  between  France  and  Great  Britain,  and  also  by 
the  treaty  of  peace  of  1783,  between  the  United  States  and  Great  Britain.  By  the 
former,  the  "conlines  between  the  British  and  French  possestiions  were  irrevocably 
fixed  by  a  line  drawn  along  the  middle  of  the  Mississipi,  from  its  source  to  the  Iber- 
ville," etc.  By  the  latter,  that  part  of  the  northern  boundaiy  of  the  United  States 
which  is  applicable  to  the  subject  is  describeil  to  be  through  the  Lake-of-the- Woods, 
"  to  the  most  northwestern  point  thereof,  and  from  thence  on  a  due  west  course 
to  the  Mississippi  river."  The  most  northwestern  point  of  the  Lake-of-the-Woods 
is  perhaps  a  few  minutes  north  of  the  49th  parallel  of  latitude.  By  the  convention 
of  1818,  between  the  United  States  and  Great  Britain,  in  the  second  article,  it  is 
agreed  that  a  line  drawn  from  the  most  northwestern  point  of  the  Lake-of-the-Woods, 
along  the  49th  parallel  of  north  latitude,  or  if  the  said  point  shall  not  lie  in  the  49th 
parallel  of  north  latitude,  ther>  that  a  line  drawn  from  the  said  point  due  north  or 
south,  as  the  case  may  be,  until  the  said  line  shall  intersect  the  said  parallel  of  north 
latitude,  and  from  the  point  of  such  intersection,  due  west,  a.\cng  and  with  said  par- 
allel, shall  be  the  line  of  demarcation  between  the  territories  of  the  United  States  and 
those  of  his  Bnttanic  majesty:  and  that  the  said  line  shall  form  the  northern  boun- 
dary of  the  said  territories  of  the  United  States,  and  the  southern  boundary  of  the 
territory  of  his  Brittanic  majesty,  from  the  Lake-of-the-Woods  to  the  Stony  Moun- 
tains." 

This  line,  it  will  be  observed,  is  a  deviation  from  the  boundary  established  by  the 
treaty  of  1783;  for  that  was  to  extend  due  west  from  the  northwestern  point  ot  the 
Lake-of-the-Woods,  vrithout  any  reference  to  its  latitude.  By  this,  we  are,  in  the 
contingency  named,  to  run  by  the  shortest  line  from  the  specified  point  on  the  Lake- 
of-the-Woods  to  the  forty-ninth  parallel  of  latitude.  Whence,  it  may  be  asked,  the 
solicitude  to  adopt  this  particular  parallel,  except  as  it  corresponded  with  preiixisting 
arrangements,  which  could  have  been  made  under  the  provisions  of  the  treaty  of 
Utrecht  alone  ?  for  under  no  other  had  any  reference  at  that  time  been  made  to  the 
said  forty-ninth  degree. 

This  coincidence  between  the  boundaries  established  by  Great  Britain  and  France 
in  1763,  and  between  Great  Britain  and  the  United  States  in  1783  and  in  1818,  can 
scarcely  be  accounted  for  on  any  other  supposition,  than  that  the  said  line  had  been 
previously  established  by  the  commissioners  under  the  treaty  of  Utrecht.  This  con- 
clusion is  strengthened  by  a  further  coincidence  in  the  boundaries  fi.xed  in  the  said 
treaties  of  1763  and  1783.  In  both,  the  Mississippi  is  adopted  as  the  boundary. 
One  of  the  lines  then  (the  Mississippi)  previously  established  between  Great  Britain 
and  France  being  thus,  beyond  all  cavil,  adopted  between  the  United  States  and  Great 
Britain,  may  it  not  be  fairly  inferred,  in  the  absence  of  all  proof  to  the  contrary,  and 
with  strong  corroborating  proof  in  favor  of  the  inference,  drawn  from  the  stipulations 
of  treaties,  lines  of  demarcation  on  old  maps,  etc.,  that  the  other  line,  (forty-ninth 
parallel,)  equally  beyond  cavil  established  by  the  United  States  and  Great  Britain, 
was  also  the  same  one  previously  existing  between  Great  Britain  and  France }  but 
such  line  had  no  existence,  unless  under  the  stipulations  of  the  treaty  of  Utrecht, 
For  the.se  reasons,  the  committee  has  adopicd  the  opinion,  that  the  forty-ninth  par- 
allel of  latitude  was  actually  established  by  tht  commissioners  under  that  treaty. 
It  may  not  be  unimportant  here  to  observe,  that  this  forty-ninth  parallel  is  not  a 
random  line,  arbitrarily  selected,  but  the  one  to  wliich  France  was  entitled  upon 
the  weii-settled  principle  that  the  first  discoverer  of  a  river  is  entitled,  by  virtue 
of  that  disco  very,  to  all  the  unoccupied  territory  watered  by  that  river  and  its  tribu- 
taries. 


We  hav 

adopted  as 

Louisiana  1 

along  the  ' 

nine,  to  its 

fions,  then. 

Utrecht,  th 

due  west  f 

alone  of  tl 

lished  by 

whole  line 

only  practi 

as  the  w  he 

the  Mis,sisf 

the  forty-n 

Having  l 

to  inquire  \ 

say  betwce 

(we  speak 

insist,  if  w 

The  trea 

mnrcation  \ 

denied,  ex( 

then  existe( 

poctive  ter 

These  terril 

cordingly  ir 

that  had  thi 

of  conflicti) 

been  fixed  ■' 

the  treaty; 

had  no  terri 

of  the  treat 

claim  to  ter 

denying  tha 

of  the  Paci 

The  parti 

North  Ame 

of  the  forty 

Britain  to  t( 

elusion  ag;ii 

the  increase 


festet 


upon 


was  scarce] 
tion  of  her 
she  was  at 
absorbing  p; 
tated  the  tei 
est  pretext  ( 
west  of  the 
Mr.  Cus 
Relations,  t 
sentences : 
States,  the 
seem  to  b( 
Britain  relin 
ing  of  the  tr 
sibly,  by  ex 
to  the  Pacii 
same  right, ; 
that  line,  in 


APPENDIX. 


«» 


i:\  on  the  one 
(ther,  was  cs- 
)ntory  on  the 
veslwanlly  to 
ly  westward.*' 
;  is  yirojjcr  to 
stablished  by 
js."      In  th'9 
}  thought  the 
ers  under  the 
itly  agreed  on 
,  and  aKo  by 
tain.     Hy  the 
re  irrevocably 
le  to  the  Iber- 
United  Stiitca 
:)f-the-VV'^oodp, 
;  west  course 
of-the-Wood.s 
he  convention 
id  article,  it  13 
L)l-the-\Voods, 
lie  in  the  49th 
due  north  or 
iraliel  of  north 
with  said  par- 
ited  States  and 
lorthern  boun- 
)undary  of  the 
!  Stony  Moun- 

blished  by  the 
n  point  ot  the 
we  are,  in  the 
t  on  the  Lake- 
'  be  asked,  the 
ith  iJiei'xisling 
the  treaty  of 
n  made  to  the 

tin  and  France 
J  in  1818, can 
line  had  been 
it.  This  con- 
ed in  the  said 
the  boundary. 
Great  Britain 
tates  and  Great 
!  contrary,  and 
le  stipulations 
3,  (forty-ninth 
Great  Britain, 
d  France  .'but 
ty  of  Utrecht. 
)rty-ninth  par- 
er  that  treaty, 
.rallel  is  not  a 
entitled  upon 
:led,  by  virtue 
r  and  its  tribu< 


Wo  have  seen  that,  by  the  treaty  of  17fi3,  the  IMississippi,  from  its  source,  was 
ailopted  as  the  line  of  demarcation  between  the  British  and  French  possessions. 
Louisiana  then  extcmled  north  as  l,ir  as  that  river  reached  ;  in  other  words,  it  stretched 
a!on<jf  the  whole  course  of  the  Mississippi,  from  its  sstirce,  in  about  la.itude  forty 
nine,  to  its  mouth,  in  the  (Julf  of  Mcvico,  in  latitude  twenty-nine.  By  the  stipul  a 
tions,  then,  of  this  treaty  alone,  without  callinf;  in  the  aid  of  the  previous  treaty  o 
Utrecht,  the  northern  houndary  of  Louisiana  is  clearly  recognized  as  a  line  drawn 
due  west  from  I  )  .source  of  the  MissLssijipi :  we  say  due  west,  because  the  east  line 
alone  of  the  \/  jndaries  of  Louisiana  beini;  specifically  and  in  express  terms  estab- 
lished by  the  ticaty,  her  surface  can  only  be  ascertained  by  the  extension  of  that 
whole  line  in  the  direction  in  which  her  territory  is  admitted  to  lie.  This  simple  and 
only  practicable  process  of  giviiifi:  to  Louisiana  any  territory  under  the  treaty,  fixes 
as  the  whole  of  her  northern  houndary  a  line  runnin;;  due  west  from  the  source  of 
the  Mississippi,  which  may,  for  the  jinrposo  of  this  arj^umpnt,  be  fairly  assumed  as 
the  forty-ninth  parallel,  without  injustice  to  any  j)arty. 

Havin<;  thus  ascertained  the  northern  houmlary  ol  Louisiana,  it  becomes  important 
to  inquire  what  were  its  western  limits,  as  between  Great  Britain  and  France :  we 
say  between  Great  Britain  and  France,  !)ecause  here  another  competitor  appeared, 
(we  speak  of  17fi3,)  in  the  jjcrson  of  thff  King  of  Spain,  upon  whose  title  we  shall 
insist,  if  we  fail  to  establish  that  of  France. 

The  treaty  of  17')3  professing  to  establish  and  actually  establishing  lines  of  de- 
marcation between  the  contiguous  territories  of  the  contracting  parties,  it  cannot  be 
denied,  except  upon  strong  proof,  that  all  tlie  boundaries  about  which  any  dispute 
then  existed,  or  subsequent  disputes  could  be  anticipated,  (that  is,  where  their  res- 
pective territorie.-'  touched  eich  oln^r,)  were  then  definitely  adjusted  and  settled. 
These  territories  are  Ki.'/wn  to  have  touched  on  the  north  and  on  the  east;  and  ac- 
cordingly in  those  quarters  we  find  the  lines  clearly  described.  Is  it  not  evident, 
that  had  they  touched  in  other  points,  had  there  been  other  quarters  where  questions 
of  conflicting  claims  might  have  arisen,  the  lines  in  those  quarters  also  would  have 
been  fixed  with  equal  precision  ?  But  to  the  south  and  west  there  is  no  allusion  in 
the  treaty;  an  omission  conclusive  of  the  fact  that  in  those  directions  Great  Britain 
had  no  territory  contiguous  to  Louisiana.  But  Louisiana  extended,  by  the  stipulations 
of  the  treaty,  west  from  the  Mississippi ;  and  Great  Britain,  having  no  territory  or 
claim  to  territory  which  could  arrest  her  extension  in  that  direction,  is  precluded  from 
denying  that  the  French  title  covered  the  whole  country  from  that  river  to  the  shores 
of  the  Pacific  Ocean. 

The  parties  to  the  treaty  of  1763  made  partition  of  almost  the  whole  continent  of 
North  America,  assigning  to  ICngland  the  territory  east  of  the  Mississippi,  and  north 
of  the  forty-ninth  jjarallel  of  latitude.  No  claim  was  at  that  time  advanced  by  Great 
Britain  to  territory  in  any  other  quarter  of  this  vast  coJitinent ;  a  very  pregnant  con- 
clusion against  the  existence  of  any  such  claim.  Her  (Tovernment,  ever  vigilant  for 
the  increase  of  her  tciritory,  with  a  view  to  the  extension  of  her  commerce,  mani- 
fested upon  the  occasion  of  this  treaty  an  avidity  of  acquisition  which  the  continent 
was  scarcely  large  enough  to  satisfy.  Never  very  nice  in  scrutinizing  the  founda- 
tion of  her  pretensions,  nor  over  scrupulous  in  the  selection  of  means  to  enforce  them, 
she  was  at  this  juncture  in  a  position  peculiarly  auspicious  to  the  gratification  of  her 
absorbing  passion  of  territorial  aggrandizement.  Conqueror  at  every  point,  she  dic- 
tated the  terms  of  peace,  and  asserted  successfully  every  claim  founded  in  the  slight- 
est pretext  of  right.  Still  no  title  is  either  advanced,  or  even  intimated,  to  possessions 
•west  of  the  Mississippi. 

Mr.  Gushing,  of  Massachusetts,  in  a  report  from  the  Committee  on  Foreign 
Relations,  to  the  House  of  Representatives,  made  January  4, 1839,  has  the  following 
sentences  :  "  As  between  France  and  Great  Britain,  or  Great  Britain  and  the  United 
States,  the  successor  of  all  the  rights  of  France,  the  question  (of  boundary)  would 
seem  to  be  concluded  by  the  treaty  of  Versailles,  already  cited,  in  which  Great 
Britain  relinquishes,  irrcvocab'y,  all  pretensions  west  of  the  Mississippi.  On  the  foot- 
ing of  the  treaty  of  Utrecht,  ratified  by  our  convention  of  1818,  England  may  pos- 
sibly, by  extension  of  contiguity,  carry  her  possessions  from  Hudson's  Bay  across 
to  the  Pacific,  north  of  latitude  49'^ ;  but  by  the  treaty  of  Versailles  we  possess  the 
same  right,  and  an  exclusive  one,  to  carry  our  territory  across  the  continent,  south  of 
that  line,  in  the  right  of  France." 


68 


APPENDIX. 


It  may,  perhaps,  be  tirgcd  that  the  limits  of  Louisianna,  on  the  west,  arc  confined 
to  the  territory  drained  by  the  Mississippi  and  its  tributaries  ;  the  extent  of  her  claim, 
founded  on  the  discovery  of  that  rivi;r,  being  restricted  to  the  country  so  drained. 
The  prir  ^-ile  rnon  which  this  limitation  is  attempted  may  \)e  safely  admitJed,  wiih- 
out  in  '     .ee  affecting  the  right  for  which  we  contend;  because,  first,  Great 

Britain  ..  j.^cciuded  from  asserting'it  by  her  admission,  in  1763,  that  Louisiana  ex- 
tended indefinitely  west  from  the  Mi.^'sissippi ;  and,  second,  because  the  principle  be- 
ing of  universal  application,  if  the  discovery  of  the  Mississippi  by  the  French  con- 
fine Louisiana  to  its  waters  east  of  the  Rocky  Mountains,  the  discovery  of  the 
Gohimbia  by  the  Americans  will  extend  their  claim  to  tlie  whole  country  watered 
by  that  great  river,  west  of  those  mountain;;,  and  our  true  claim  has  this  extent.  Yet. 
to  avoid  unprofitable  disputes,  and  for  the  sake  of  peace,  we  have  expressed  a  Avil- 
lingness  (met  in  no  corre.sponding  spirit,  the  commiitee  is  sorry  to  say,)  to  conline 
ourselves  to  much  narrower  limits. 

SPANISH  TITLE. 

The  Spanish  claim  to  territory  north  of  California  depends  in  a  great  measure 
upon  prior  discovery,  for  we  cannot  find  that  any  settlements  were  made  or  colonies 
planted  by  them  north  of  the  42nd  ])arallel  of  latitude,  exce))t  the  temporary  occu])a- 
tion  of  Nootka  Sound,  by  IMartinez,  in  1789  That  the  Spaniards  first  discovered 
and  took  possession  of  the  country  at  the  head  of  the  Gulf  of  California,  and  upon 
the  river  Colorado,  which  empties  into  it,  is  questioned  by  none  ;  and  that,  by  such 
discover}  and  possession,  Spain  acquired,  against  all  the  world  except  the  natives, 
the  paramount  title  to  the  whole  country  watered  by  that  river  and  its  tributaiies, 
depends  upon  a  princi])le  too  well  .settled  now  to  be  denied.  Hence  we  find  the 
Mexican  territory  extending  with  the  acquiescence  of  all  nations,  to  the  42nd  degree 
of  north  latitude,  in  which  the  Colorado  takes  its  rise.  We  mention  this  fact  now,  as 
it  furnishes  a  conclusive  answer  to  the  idle  claim  set  up  by  Great  Britain  under  the 
pretended  discoveries  of  Sir  Francis  Drake.  It  is  not  the  intention  of  the  committee 
to  encumber  their  report  with  a  dry  and  barren  detail  of  the  dates  of  vaunted  discov- 
eries of  early  navigators.  Little  reliancecan  be  placed  upon  the  truth  of  their  reports, 
and  still  less  upon  the  accuracy  of  their  observations,  which  were  seldom  verified  by 
the  subsequent  use  of  more  perfect  instruments.  It  will  be  recollected  that  the  com- 
mittee professes  to  give  but  an  abstract  of  the  title  upon  which  the  United  States  now 
relies,  and  will  therefore  pass  over  entirely,  without  notice,  all  such  voyages  and 
discoveries  as  have  no  direct  bearing  upon  that  point.  Within  forty  years  after  the 
discovery  of  America,  Hernan  Cortez,  the  most  intrepid  if  not  the  least  scrupulousof 
the  Spanish  generals,  overran  the  empire  of  Mexico,  penetrated  to  the  Pacific  Ocean, 
and  made  a  small  establishment  at  Culiacan,  on  the  Gulf  of  California,  in  latitude 
25  degrees. 

Fromti.is  period  till  1543,  a  number  of  voyages  were  made  toward  the  northwest, 
■with  results  wholly  unim])ortant  to  the  present  investigation.  in  that  year,  two 
vessels  were  placed  under  the  command  of  Cahrillo,  who  died  before  the  termination 
of  the  voyage,  and  the  command  devolved  upon  Bartholome  Ferrelo,  who  ])ushed 
his  discoveries  as  far  north  as  43  or  44  degrees.  The  committee  refers  to  this  expe- 
dition as  no  otherwise  important  than  as  it  furnishes  another  very  satisfactory  refufa- 
tion  of  the  claim,  even  at  this  day  advanced  by  the  Briti.sh  ministry,  under  the  first 
discovfciy,  as  tliey  allege,  of  Sir  Francis  Drake.  This  grenf  captain  and  successful 
bucaneer  arrived  in  the  Pacific  Ocean  in  the  fall  of  tlie  ytar  1578  ;  and  during  the 
following  winter,  having  plundered  the  St)anish  towns  on  the  coast  and  the  vessels 
he  encountered  on  the  ocean,  he  turned  his  thoughts  to  England.  To  avoid  the 
Spanish  ships,  which  would  probably  assemble  in  st.ificient  force  to  intercept  his  re- 
turn round  Cape  Horn,  lie  resolved  upon  the  route  by  the  Cape  of  Good  Hope.  To 
avoid  the  westerly  winds  which  prevail  in  the  lower  latitudes,  he  sailed  north  as  far, 
)erhaps,  as  the  42nd  or  43rd  degree  of  latitutie.  His  crew,here  suffering  from  the  cold, 
le  again  turned  toward  tlie  south,  and,  running  along  the  coast,  found  a  good  har- 
jor,  now  San  Francisco,  in  latitude  38  degrees.  Here  he  remained  some  time,  pre- 
paring his  vessels  for  the  voyage  home.  We  pase  over,  as  entitled  to  little  belief 
and  no  consideration,  the  idle  offer  by  the  Indians  and  the  equally  idle  acceptance  by 
Drake,  in  the  name  of  E'izabeth.  of  the  sovereignty  of  the  country.  Certainly  it  is 
scarcely  possible  to  imagine  titles  founded  upon  weaker  grounds  than  the  riiscove- 


arc  confined 
of  hcrcliiim, 
y  so  drained, 
nittod,  wiih- 
;,  iirst,  Great 
3uisiana  ex- 
principle  be- 
Frcnch  con- 
overy  of  the 
ntry  watered 
extent.  Yet. 
repsed  a  \\i\- 
',)  to  coiiline 


eat  measure 
;  or  colonies 
rary  occu])a- 
st  di-scovered 
ia,  and  upon 
hat,  by  such 
the  natives, 
s  tributaiies, 
!  we  find  the 
42nd  degree 
fact  now,  as 
lin  under  the 
le  connmittee 
in  ted  discov- 
their  reports, 
n  verified  by 
liatthe  corn- 
1  States  now 
voyages  and 
ars  after  the 
crapulous  of 
icific  Ocean, 
I,  in  latitude 


APPENDIX. 


69 


I  northwest, 

t  year,  two 

termination 

who  pushed 

0  this  expe- 
tory  refuta- 
ider '.lie  first 
d  f'uccos.sful 
\  during  the 

the  vessels 
^o  fivoid  the 
cept  his  re- 
Hope.  To 
lorth  a,s  far, 
3m  the  cold, 

1  good  liar- 
e  time,  pre- 
little  belief 
ceptance  by 
rtainly  it  is 
he  discove- 


ries of  Cabrillo,  Ferrelo,  and  Drake  But  if  Drake's  voyage  be  a  basis  of  the  British 
caim,  Ferrello's  is  a  better  of  the  Spanish,  for  it  was  thirty-six  years  anterior,  and 
prior  tempore  potter  est  jure. 

Juan  de  Fuca,  in  the  service  of  Spain,  in  1692,  discovered  and  sailed  through  the 
straits,  m  latitude  48  degrees,  which  now  bear  his  name.  The  account  given  of 
this  voyage  was  many  years  considered  fabulous,  and  of  the  existence  even  of  De 
Fuca  there  was  no  other  evidence  than  some  letters  of  an  Englishman  jiamed  Lock, 
written  from  Venice  in  1596.  The  veracity  and  general  accuracy  of  De  Fuca,  how- 
ever, have  been  vindicated  by  the  researches  of  subsequent  navigators.  And  when 
Vancouver,  in  1792,  sailed  through  these  straits,  which  had  been  pointed  out 
to  him  by  the  American  Captain  Gray,  he  was  forcibly  reminded  of  the  description 
of  De  Fuca;  and  further  investigations  developing  further  points  of  resemblance,  he 
perpetuated  his  own  conviction  of  the  original  discovery  of  De  Fuca,  by  givin"  his 
name  to  the  straits,  which  they  bear  to  this  day.  "  ° 

In  1603,  a  more  imposing  expedition  was  fitted  out  under  Viscaino,  which  did 
little  more  than  make  minute  examinations  ol  the  coast  which  had  been  visited  by 
Cabrillo  and  Ferrelo, 

In  1770,Portola  made  an  establishment  at  Monterey,  in  latitude  36°;  and  in 
1776  the  bay  of  San  Francisco  was  settled,  in  latitude  38°,  the  most  northern  town 
in  California. 

We  now  appioach  a  period  when  the  spirit  of  adventure,  stimulated  by  the  de- 
site  and  hope  of  gain,  and  directed  by  nautical  skill  and  science,  made  more  rapid 
and  accurate  advances  in  the  exploration  of  the  hitherto  almost  unknown  shores  of 
Northwestern  America.  These  were  carried  on  almo.st  simultaneously,  under  the 
authority  of  Great  Britain  and  Spain.  Prior  to  1774,  the  period  to  which  our  atten- 
tion is  now  directed,  no  Spani.sli  navigator  had  examined  the  coast  north  of  43*  or 
44°,  the  limits  of  the  discovery  of  Cabrillo  and  VLscaino.  In  that  year,  the  Spaniards, 
aroused  to  renewed  activity  by  the  settlements  which  the  Russians  were  pushing 
from  the  north,  entered  upon  the  e.xecution  of  their  long-cherished  purposes  of  ex- 
tending their  dominion  north  of  California.  For  the  accomplishing  of  this  object,  so 
dear  to  Spain,  as  the  means  of  enlarging  her  own  possessions,  to  Ihe  exclusion  of 
the  rest  of  the  world,  several  expeditions  were  undertaken  in  the  years  1774  and 
1775.  They  were  directed  to  proceed  as  far  north  as  the  65th  degree  of  latitude,  and 
minutely  to  examine  the  coast  south  to  the  43rd,  to  which  point  it  had  been  explored 
a  century  and  a  half  before  by  Cabrillo  and  Viscaino.  Juan  Perez,  the  officer  in 
command  of  the  first  expedition,  in  1774,  did  not  advance  beyond  the  54th  degree  ; 
ihence,  sailing  south,  he  examined  the  coast  to  -1^9]^^,  where  he  discovered  a  com- 
niodious  bay,  to  which  he  gave  tlie  liame  of  Port  San  Lorenzo.  There  he  remained 
some  time,  trading  with  the  natives.  This  was  the  first  visit  ever  made  to  this  part 
of  the  coast  by  F.uro])eans.  San  Lorenzo  was  four  years  afterward  entered  (disco- 
vered, as  he  alleges)  by  Cook,  and  called  King  George's  Sound.  Its  present  name  is 
Nootka  Sound,  which  derives  all  its  celebrity  from  becoming  tiie  subject  of  an  impor- 
tant negotiation  between  the  British  and  Spani.sh  Governments.  Captain  Cook  him- 
self admits  that  he  was  preceded  by  these  Spaniards,  though  he  comes  to  theconclu- 
.sion  they  had  not  been  at  Nootka.  He  tells  us  that  some  account  of  this  voyage  had 
reached  England  before  he  sailed.  In  the  following  note,  referring  to  the  conduct 
of  the  natives  to  Cook,  we  have  this  important  fact  thus  distinctly  admitted  ;  "  Si- 
milar to  the  behavior  of  the  natives  of  Nootka,  on  this  occasion,  was  that  of  ano- 
ther tribe  of  Indians  further  north,  in  latitude  57*'^  18',  to  the  Spaniards,  whf)  had 
preceded  Captain  Cook  only  three  years,  in  a  voyage  to  explore  the  coast  of  Ame- 
rica north  of  California." 

In  i".  following  year,  1775,  another  expedition  sailed  for  the  same  purpose  of  ex- 
plora.ion.  They  saw  the  entrance  of  the  strait  said  to  have  been  discovered  by  De 
Fiicd,  (for  the  authenticity  of  De  Fuca's  narrative  had  not  then  been  established,) 
which  they  were  unable  to  examine  in  consequence  of  a  violent  storm,  which  drove 
tjilcm  off' the  coast.  One  of  the  vessels,  sailing  south,  Heceta,  the  commander,  dis- 
covered a  promontory  called  by  him  San  Rocpie,  (now  Cape  i^isappointment,)  forming 
the  northern  point  of  the  mouth  of  Columbia  River,  "  which  was  thus,  for  the  first 
time,  seen  by  the  natives  of  a  civilized  country."  The  odier  schooner,  under  Bode- 
ga and  Maurclle,  sailed  to  the  north  as  far  as  the  57th  degree,  and,  landing  in  a  bay 
which  they  called  Port  Remedios,  formally,  and  with  religious  .ceremonies,  took 


70 


APPENDIX. 


possession  of  the  country  in  the  name  of  their  sovereign.    Olhcx  points,  along  the 
whole  coast,  were  visited  by  these  exploring  expeditions. 

BRITISH   DISCOVEUIES. 

Having  thus  briefly  brought  the  account  of  the  Spanish  discoveries  down  to  the 
year  1775,  the  committee  proceeds,  with  equal  brevity,  to  refer  to  the  result  of  British 
voyages,  to  find  a  northwest  passage  from  the  Atlantic  to  the  Pacific  Ocean  ;  for  that 
was  the  leading  object  of  all  their  expeditions — to  discover  a  more  direct  route  to 
India  than  the  circuitous  one  by  the  Cape  of  Good  Hope,  or  the  more  circuitor;^  and 
dangerous  one  round  Cape  Horn.  The  genius,  the  skill,  the  enterprise,  and  thi.-.  fate 
of  Cook,  have  immortalized  his  name.  Under  his  auspices,  two  ships,  in  1776, 
sailed  for  the  Pacific,  to  explore  the  coast,  with  a  view  to  find  th((  outlet  of  the  north- 
west passage  into  that  ocean.  The  date  (1776)  of  Cook's  'ing  is  important,  as 
showing  that  he  could  lay  no  claim  to  the  discovery  of  any  part  oi  the  cnast  previous- 
ly (in  1774 — '75)  visited  and  discovered  by  the  Spaniards.  The  object  of  Cook's 
voyage  (the  discovery  of  a  northwest  passage)  it  is  importaiil  to  keep  constantly  in 
view,  as  it  precludes  the  idea,  now  so  strongly  urged,  that  it  was  any  part  of  his  de- 
sign to  take  possession  of  or  to  make  settlements  on  any  part  of  the  territory  now 
covered  by  the  claim  of  the  United  ^'tates.  That  no  such  result  was  anticipated  from 
the  expedition  is  incontrovertible,  from  the  instructions  given  to  Cook  by  the  Lords 
of  the  Admiralty.  After  reciting  that  it  is  "  His  jMajosty's  pleasure  that  an  attempt 
should  be  made  to  find  out  a  paf?sage  by  sea  from  the  Pacific  to  the  Atlantic  Ocean," 
and  giving  minute  directions  for  their  voyage  to  Otaheite,  the  instructions  proceed  : 
"  and  having  refreshed  the  people  belonging  to  the  sloops  under  your  command,  and 
taken  on  board  such  wood  and  water  as  they  may  respectively  stand  in  need  of,  you 
are  to  leave  those  islands  in  the  beginning  of  February,  or  sooner  if  you  shall  judge 
it  necessary,  and  then  proceed  in  as  direct  a  course  as  you  can  to  the  coast  of  New 
Albion,  endeavoring  to  fall  in  with  it  in  the  latitude  of  45*  north,  and  takingcare, 
in  your  way  thither,  not  to  lose  any  time  in  search  of  new  lands,  or  to  stop  at  any 
you  may  fall  in  with,  unless  you  find  it  necessary  to  recruit  your  wood  and  water." 
After  strictly  enjoining  him  "  not  to  touch  upon  any  part  ot  the  Spanish  dominions," 
etc.,  the  instructions  proceed  :  "  Upon  your  arrival  on  the  coast  of  New  Albion, 
you  are  to  put  into  the  first  convenient  port,  to  recruit  your  wood  and  water,  and 

{)rocure  refreshments,  and  then  to  i)roceed  northward  along  the  coast  as  far  as  th»- 
atitude  of  65°,  or  further  if  you  are  not  obstructed  by  landsorice,  taking  care  not  to 
lose  any  time  in  exploring  rivers  or  inlets,  or  upon  any  other  account,  until  you  get 
into  the  before-mentioned  latitude  of  65*,  where  we  could  wish  you  to  arrive  in  the 
month  of  June  next."  "  When  you  get  that  length,  you  are  very  carefully  to 
search  for  and  to  explore  such  rivers  or  inlets  as  may  ajipear  to  be  of  a  consideralle 
extent,  and  pointing  toward  Hudson's  or  Batlin's  Bays."  "  You  are  also,  with  the 
consent  of  the  natives,  to  take  possession,  in  the  name  of  the  King  of  Great  Britain, 
of  convenient  situations,  in  such  countries  as  you  may  discover,  that  have  not  already 
been  discovered  or  visited  by  any  European  Power,  and  to  distribute  among  the  in- 
habitants such  things  as  w'ill  remain  as  traces  and  testimonies  of  your  having  been 
there  ;  but  if  you  find  the  countries  so  discovered  arc  uninhabited,  you  are  to  take 
possession  of  them  for  His  INIajesty,  by  setting  up  proper  marks  and  inscriptions,  as 
first  discoverers  and  possessors." 

The  name  of  New  Albion,  given  in  these  instructit)ns  to  a  part  of  the  coast,  is 
well  calculated  to  excite  a  smile,  when  we  recollect  that  it  has  no  other  warrant  than 
the  predatory  voyage  of  Sir  Francis  Drake.  XVe  have  said  these  instructions  render 
it  certain  that  it  was  no  jtart  ol  the  object  of  Cook's  vf)yau^e  to  acquire  territory  and 
effect  settlements  ;  and  we  cannot  resist  the  conviction  that  the  name  was  selected,  and 
the  directions  to  acquire  territory  by  negotiation,  etc.,  were  given  solely  to  preclude 
this  very  inference,  and  not  that  they  should  be  obeyed,  for  that  is  manifestly  incom- 
patible with  the  positive  instructions  "  to  lose  no  lime  in  exploring  inlets  or  rivers, 
or  upon  any  other  account."  The  prohil)liiou  to  lose  any  time,  on  any  account, 
south  of  65°,  and  the  direction  "  carefully  to  search  for  and  explore  rivers  and  in- 
lets" north  of  that  parallel,  seem  to  justify  the  inference  that  the  in.structions  to  take 
possession,  etc.,  could  only  apply  to  territory  situated  to  the  north  of  65°,  where 
alone  they  were  permitted  to  siuMid  sufficient  time,  and  directed  to  make  the  surveys 
necessary  for  that  purpose.    But  this  inference  becomes  absolutely  certain,  when  to 


APPENDIX. 


71 


lis,  along  the 


down  to  the 
5ult  of  British 
ean  ;  for  that 
irect  route  to 
ircuitov'^  and 

and  thi.;  fate 
ips,  in  1776, 
of  the  north- 
important,  as 

ist  previous- 
ect  of  Cook's 
constantly  in 
art  of  his  de- 
territory  now 
ticipated  from 
by  the  Lords 
lat  an  attempt 
antic  Ocean," 
ions  proceed  : 
)mmand,  and 
1  need  of,  you 
u  shall  judge 
;oast  of  New 

taking  care, 

0  stop  at  any 
d  and  water." 
ti  dominions," 
New  Albion, 
:1  water,  an<l 
as  far  as  tht. 
ig  care  not  to 
until  you  get 

1  arrive  in  the 
carefully  to 

'.  considcraLle 
Iso,  with  the 
jreat  Britain, 
'e  not  already 
imong  the  in- 
having  been 
I  are  to  take 
scriptions,  as 


the  coast,  is 
warrant  than 
ctions  render 
territory  and 
selected,  and 
Y  to  preclude 
tcstly  incom- 
ets  or  rivers, 
iny  account, 
iversand  in- 
;tions  to  take 

65°,  where 
:  the  surveys 
ain,  when  to 


the  instructions  we  add  the  practical  commentary  of  Cook's  conduct  under  them.  To 
this  we  now  proceed. 

On  the  7th  of  March,  1778,  in  latitude  44"  10'  north.  Captain  Cook  first  saw 
the  "  long  looked-for  coast  of  New  Albion."  All  their  efforts  to  find  a  harbor  or  ef- 
fect a  landing  were  baffled  by  tempestuous  weather  and  contrary  winds  until  the  29th, 
when  they  found  an  inlet  aud  sale  harbor  in  latitude  49*^  33",  now  called  Nootka 
Sound.  This  point  is  the  same  visited  and  e.xamined  by  Juan  Perez,  in  1774,  and 
which  he  called  Port  San  Lorenzo.  Of  the  natives,  Cook  says  :  "  They  showed 
great  readiness  to  part  with  anything  they  bad,  and  took  from  us  whatever  we  of- 
fered in  exchange,  but  were  more  desirous  of  iron  than  of  any  other  of  our  articles 
of  commerce,  appearing  to  be  perfectly  acquainted  with  the  use  of  that  metal.  Sub- 
isequently,  he  ascribes  •"  their  great  dexterity  hi  works  of  wood  to  the  assistance  they 
receive  from  iron  tools." 

Whence  did  these  savages,  cannibals,  as  they  are  represented,  derive  their  know- 
ledge of  the  use  of  iron,  and  of  the  mode  of  converting  it  into  tools  ?  If  there  be  any 
difficulty  in  answering  this  question,  tbere  can  be  none  in  asserting  they  did  not  de- 
rive it  from  the  British,  for  on  their  arrival  they  found  the  iron  and  tools  in  common 
use.  Cook,  ioreseeing  that  he  was  exposed  to  this  embarrassing  interrogatory, 
seeks  to  avoid  the  only  reasonable  solution,  in  referring  to  the  previous  visit  of  the 
Spaniards,  by  saying,  "  Iron  being-  familiar  to  these  people,  it  was  very  natural  for 
us  to  speculate  about  the  mode  of  its  being  conveyed  to  them."  In  the  course  of 
this  speculation,  he  indulges  in  a  variety  of  conjectures  not  very  probable — as  that 
the  iron  came  from  the  north.  If  so,  it  must  have  been  from  the  Russians,  who,  at 
that  period,  had  not  penetrated  so  far  south ;  or  from  the  English  settlements  on 
Hudson's  Bay,  which  may  be  pronounced  impossible.  He  does  not  hesitate  to  assert 
that  the  Spaniards  (the  account  of  whose  visit  to  this  coast  in  1774  and  1775  he  ad- 
mits bad  reached  England  before  he  sailed)  did  not  introduce  the  iron  at  Nootka 
Sound.  He  adds,  with  great  simplicity,  that  it  cannot  easily  be  determined  "  whe- 
ther these  things  be  introduced  by  way  of  Hudson's  Bay  and  Canada,  from  the  In- 
dians who  deal  with  our  traders,  and  so  successively  across  from  one  tribe  to  ano- 
ther, or  whether  they  be  brought  from  the  northwestern  parts  of  Mexico  in  the  sanae 
manner."  He  rejects  the  only  probable  supposition,  that  the  Spaniards,  who  un- 
questionably were  there  in  1774,  left  this  iron  in  exchange  for  skins,  and  resorts  to 
an  idle  fancy  of  its  having  been  transmitted  from  the  English  or  Spaniards,  through 
the  intervention  of  numerous  and  hostile  tribes  of  Indians.  This  iron  may  have 
been  left  by  the  Spaniards  for  the  same  purposes  that  Cook  was  directed  to  leave 
that,  or  similar  substances — *'  to  remain  as  traces  and  evidences  of  their  having  been 
there."  Several  articles  were  found,  of  which  the  "  materials  certainly  were  Euro- 
pean"—such  as  brass  ornaments,  of  which  it  is  said,  if  not  from  Canada,  they  "  must 
have  been  introduced  at  Nootka  from  the  quarter  of  Mexico,  from  whence  no  doubt 
the  two  silver  spoons  met  with  here  were  originally  derived."  Here  is  proof,  which 
cannot  be  controverted,  that  Nootka  Sound  had  been  previously  discovered  and  visited 
by  another  European  Power  ;  in  which  event,  by  the  very  terms  of  his  instructions. 
Cook  was  prohibited  from  taking  possession.  He  found  in  the  iron,  the  tools,  the 
braixs  ornaments,  the  silvti-  spoons,  "  traces  and  evidences"  that  the  Spaniards  had 
been  there.  Uuder  these  circumstances,  he  literally  obeyed  his  instructions,  took  in 
a  su|)ply  of  ♦•  wood  and  water,"  and,  although  he  remained  there  from  March  29  to 
April  26,  he  gives  no  intimation  of  having  taken  possession  in  the  ♦*  name  of  His 
Majesty,"  as  he  suhseciueiitly  did  when  he  had  proceeded  further  north.  In  June 
following,  in  latitude  61°  30',  he  discovered  the  mouth  of  a  large  river,  which,  after 
his  death,  received  hie  own  name.  Melicving  this  "  river  capable  of  extensive  inland 
navigation,"  Cook  sent  ]\lr.  King  to  the  land,  "there  to  display  the  flag,  and  take 
possessicm  of  the  country  and  river  in  His  Mnjesty's  name."  Having  performed  this 
idle  ceremony,  the  expedition  prosecuted  its  northern  voyage,  in  which  we  have  no 
interest  to  accovnpiiny  it.  Cook  never  returned  to  this  jiart  of  the  coast.  We  have 
the  opinion  of  the  British  ministry  of  the  validity  of  the  title  acquired  by  Cook  at 
this  place,  in  the  fact  that  in  1825  they  admitted  the  Russian  possessions  to  extend 
as  far  south  as  54°  40'. 

We  have  thus  seen  that  Captain  Cool:  first  touched  the  American  shore  in  the 
spring  of  1778,  and  could  thus  acquire  no  right  of  possession  adverse  to  that  of 
Spain,  whose  vessels  had  visited  the  same  point  four  years  before.      If  the  British, 


II 


72 


APPENDIX. 


\  ^i 


by  raising  their  flag  and  other  ceremonies,  acquired  a  valid  title  to  tlie  conntry  en 
Cook's  river,  the  Spaniards  had,  throe  years  before,  acquired  a  title  equally  valid,  by 
the  perf.  naance  of  similar  ceremonies,  to  the  territory  of  Port  Iveinedios,  in  latitude 
57°.  The  title  of  Spain  was  at  this  period  unquestionably  better  than  that  of  Great 
Britain.  Has  anything  occurred  since  to  deprive  Spain  of  this  advantage .'  The 
British  ministry  contend  that,  by  the  surrender  of  the  territory  under  the  stipulations 
of  the  convention  of  Nootka  Sound,  the  title  of  Sixain  was  tran.sferred  to  Great  Britain. 
If  this  reasoning  be  worth  anything,  it  is  only  upon  tlie  admission  that  the  title  of 
Spain  thus  acquired  was  good  ;  for  if  bad,  no  right  would  have  been  acquired  under 
it.  It  is  necessary  to  look  into  the  act  of  surieiider  by  Sptiin,  to  ascertain  the  extent 
of  the  British  right  under  it;  for  they  can  claim  no  more  territory  than  was  actually 
surrendered.  In  other  words,  the  title  of  Spain  remains  good  to  all  her  territory  not 
surrendered.  The  surrender  was  made  by  virtue  of  an  order  from  Count  Florida 
Banca,  dated  May  12,  1791.  T\\e  following  extract  describes  all  that  was  to  be 
restored:  "  You  will  give  directions  that  His  Majesty's  officer,  who  will  deliver  thia 
letter,,  shall  immediately  be  put  in  possession  of  the  buildings  and  districts  or  parcels 
of  land  which  were  occupied  by  the  subjects  of  that  sovereign  in  April,  1780,  a» 
•well  in  the  port  of  Nootka  Sound  or  of  St.  Lawrence,  as  in  the  other,  said  to  be  called 
Port  Cox,  and  to  be  situated  about  sixteen  leagues  distant  from  the  former,  to  the 
southward  ;  and  that  sucl  paicels  or  ilistricts  of  land,  of  which  the  English  subjects 
were  dispossessed,  he  restorcjd  to  the  said  officer."  It  will  be  seen  how  cautious 
Spain  was  in  so  wording  this  order  as  to  exclude  the  presuniptior.  of  any  right  of 
dominion  in  the  Crown  of  Great  Britain,  and  confining  it  to  the  jjossession  of  certain 
tracts  or  parcels  of  land  by  Bntish  subjecls,  The  British  subject  was  Mearcs,  who 
gives  us  the  extent  of  his  grant  in  the  following  words  :  King  Maquinna  "  most 
readily  consented  to  grant,  us  a  spot  of  ground  in  his  territory,  whereon  a  house 
might  be  built  for  the  accommodation  of  the  peojjle  we  intended  to  leave  behind." 
This  looks  very  little  like  an  intention  on  the  part  of  the  British  to  take  permanent 
;»ossession  of  the  country  ;  and  that  Meares  himself  considered  it  a  tcmporarj'  estab- 
ishment  only,  is  clear  from  his  having  promised  Maquinna,  that  when  they  finally 
eft  the  coast,  Lc  should  "  enter  mto  full  possessioii  of  the  house  and  all  the  goods 
thereunto  belonging."  It  is  a  littlvi  doubtful  whether  the  house  were  ever  built :  bu't 
if  it  were,  then  the  surrender  of  this  temporary  house  and  lot  to  a  British  subject  is 
to^ive  title  in  the  British  Crown  to  the  whole  of  that  coast,  for  many  degrees  of  lati- 
tude. 

Captain  Vancouver  was  sent  to  receive  the  surrender,  but  Sefior  Quadra,  puttinx 
the  same  construction  upon  the  letter  of  Count  Florida  Banca  which  it  has  received 
from  the  committee,  viz.  that  he  was  to  surrender  oidy  the  particular  parcel  of  land 
occupied  by  Meares,  and  Vancouver  contending  for  the  whole  territory  adjoining 
Nootka  Sound,  the  parties  separated,  and  no  suirender  was  in  fact  made.  For  the 
particulars  of  the  cin-resnondence  between  Captain  Vancouver  and  Sefior  Quadra, 
relative  to  the  surrender,  the  committee  refers  to  tlie  2nd  volume  of  Vancouver';;'  voyage. 
For  an  account  of  the  tmnsactions  which  led  to  the  Nootka  convention,  and  the 
true  meaning  and  effect  of  iliat  convention,  the  committee  refers  to  the  report  of  Mr. 
Cushing  and  the  Memoir  of  Mr.  (Jreenhow. 

On  the  14th  of  December,  1790,  Mr.  Duncombe,  in  the  House  of  Commons,, 
moved  an  address  to  His  Majesty  on  the  Nootka  convention.  The  following  extract 
from  that  address  will  show  what  the  minister  claimed  to  have  acquired  by  t^^at 
contention  : 

"  They  (the  House  of  Commons)  are  eager  to  embrace  the  lirst  opportunity  of  of- 
fering to  His  Majesty  their  cordial  ccngratuhitions  on  so  satisfactory  an  issue  of  the 
late  negotiation,  which  has  continued  to  these  kingdoms  the  blessings  of  peace,  has 
maintained  tlie  honor  of  His  iVIajesty's  crown,  by  providing  an  adequate  reparation 
for  the  violence  which  was  committed  at  Nootka,  and  has  secured  to  His  Majesty's 
subjects  the  exercise  of  their  navigation,  commerce,  and  fisheries,  in  those  parts  of 
the  world  v/hich  were  the  subject  of  discussion." 

Mr.  Fox  opposed  this  address,  and  the  following  extracts  from  his  speech  will 
show  his  estimate  of  these  acquisitions : 

"  In  the  early  part  of  the  debate  we  had  heard  nothing  but  rhodomontade  about 
acquisition,  nothing  but  of  new  sources  of  trade,  new  objects  of  enterprise,  new 
oceairs  and  new  continents  opened  to  the  activity  of  our  merchants  and  the  courage 


of  our  sail 
venient  to 
we  had  op 
gentleman 
grounds, 
same  side, 
ment,  he 
security  fo 
"  What 
extent  wer 
tion  of  the 
the  right  o 
we  had,  ai 
acquisition 
tained.  It  i 
of  South 
and  we  ar( 
tions.     T 
to  the  whc 
distances  c 
now,  a  rig 
were  not  a 
Speakin 
"  On  th 
manent  so 
right  of  sc 
was  said  a 
"  By  th( 
Seas  unmc 
unsettled  c 
recognitior 
(the  sixth, 
for  any  \ 
dereliction 
natives. 

«« In  rer 
to  Spain  vs 
dross." 

Vancou 
hoisted  Ai 
Columbia, 
nineteen  n 


Vancou 
Gray  com 

attracted 

st'^ait  in  q 

same  De 

all  moder 

of  a  river 

his  ciiteri 

pa--ed  by 

the  curre 

So  Vai 

Captain  ( 

Nootka, 

hope  thai 

/Vlbion,  £ 

bia,  betw 

nition,  b} 


AFPENDIX. 


73 


e  conntry  en 

ally  valid,  by 
?,  in  latitude 
that  of  Great 
ntage  ?    The 
i  stipulations 
jieat  Britain, 
t  the  title  of 
quired  under 
linthe  extent 
was  actually 
territory  not 
ount  Florida 
at  was  to  be 
1  deliver  thig 
:ts  or  parcels 
■il,  1780,  as 
d  to  be  called 
fmer,  to  the 
lish  subjects 
ow  cautious 
any  right  of 
on  of  certain 
Jeares,  who 
inna  "most 
eon  a  house 
ve  behind." 
B  permanent 
orary  estab- 
they  finally 
,11  the  goods 
r  built :  bu>t 
ih  subject  is 
:rees  of  lati- 

tira,  puttinx 
I  as  received 
reel  of  land 
y  adjoining 
For  the 
ior  Quadra, 
:r's  voyage. 
on,  and  the 
port  of  Mr. 

Commons, 

iiig  extract 

reii  by  t'^at 

ni)y  of  of- 
vsue  of  the 
])eace,  baa 
ropaiation 
IMajesty'a 
36  parts  of 

pecch  will 

ade  about 
•rise,  new 
le  courage 


of  our  sailors.  Such  flowers  of  rhetoric  were  elegant  embellishments,  equally  con- 
venient to  give  force  to  argument  or  to  conceal  the  want  of  it.  But  was  it  true  that 
we  had  opened  any  of  those  sources,  or  made  a  single  accjuisition .'  An  honorable 
gentleman,  who  spoke  immediately  before  him,  had  put  the  question  upon  its  true 
grounds.  Having  caught  the  contagion  oi  the  speakers  who  preceded  him  on  the 
same  side,  he  had  talked  of  gaining  and  acquiring;  but,  in  the  progress  of  his  argu- 
ment, he  had  very  properly  stated  that  we  had  acquired  nothing,  but  only  obtained 
security  for  what  we  possessed  before. 

"What,  then,  was  the  extent  of  our  rights  before  the  convention,  and  to  what 
extent  were  they  now  secured  to  us  ?  We  possessed  and  exercised  the  free  naviga- 
tion of  the  Pacitic  Ocean,  without  restraint  or  limitation  ;  we  possessed  and  exercised 
the  right  of  carrying  on  fisheries  in  the  South  Seas,  equally  unlimited.  This  estate 
we  had,  and  were  daily  imi)roving;  it  was  not  to  be  disgraced  by  the  name  of  an 
acquisition.  The  admission  of  part  of  these  rights  by  Spain  was  all  we  had  ob- 
tained. It  remained  to  inquire  what  it  cost.  Our  right  before  was  to  settle  in  any  part 
of  South  OF  Northwest  America  not  fortilieu  against  us  by  previous  occupancy; 
and  we  are  no^v  restricted  to  settle  in  certain  jjlaces  only,  and  under  certain  restric- 
tions. This  was  an  important  concession  ou  our  part ;  our  rights  of  fishing  extcndetl 
to  the  whole  ocean  ;  and  now  it  too  was  limited,  and  to  be  carried  on  within  cert;'in 
distances  of  the  Spanish  settlements.  Our  right  of  making  settlements  was  not,  as 
now,  a  right  to  build  huts,  but  to  plant  colonies  if  we  thought  proper.  Surely  these 
were  not  acquisitions." 

Speaking  of  the  indefinite  limits  of  Spanish  America,  he  says: 

"  On  this  point  we  have  gained  nothing.  We  have  renounced  the  right  of  per- 
manent settlement  on  the  whole  extent  of  South  America,  and  where  the  admitted 
right  of  settlement  on  the  Northwest  coast  commenced  was  completely  undefined  ;  it 
was  said  at  Nootka,  but  we  did  not  know  that  Nootka  would  be  restored. 

"  By  the  third  article,  we  are  authorized  to  navigate  the  Pacific  Ocean  and  South 
Seas  unmolested,  for  the  jturpose  of  carrying  on  our  fisheries,  and  to  land  on  the 
unsettled  coasts,  for  the  purpose  of  trading  with  the  natives  ;  but  after  this  pomj)Ous 
recognition  of  right  to  navigatit.;,  fishery,  and  commerce,  comes  another  article, 
(the  sixth,)  which  takes  away  all  right  of  landing  and  erecting  even  temporary  huts 
for  any  purpose  but  that  of  carrying  on  the  fishery,  and  amounts  to  a  complete 
dereliction  of  all  right  to  settle  in  any  way  for  the  purpose  of  commerce  with  the 
natives. 

«« In  renouncing  all  right  to  make  settlements  in  South  America,  we  had  given 
to  Spain  what  she  considered  as  inestimable,  and  had  in  return  been  contented  with 
dross." 

Vancouver  informs  us  that  in  April,  1792,  he  discovered  a  ."ail,  which  soon 
hoisted  American  colors  and  fired  a  gun  to  leeward.  She  proved  to  be  the  ship 
Columbia,  commanded  by  Mr.  Robert  Gray,  of  Boston,  whence  she  had  been  absent 
nineteen  months  ;  and  this  brings  us  to  the 

AINIERICAN  DISCOVERIES. 

Vancouver  sent  a  boat  on  board  of  the  Columbia,  to  the  officer  of  which  Captain 
Gray  communicated  information  of  the  extent  of  his  visit  into  a  strait  which  had 
attracted  much  attention.  He  said  "  he  had  penetrated  only  fifty  miles  into  th<^ 
strait  in  question,  in  an  E.  S.  E.  direction,"  etc.  The  inlet  he  supposed  to  be  the 
same  De  Fuca  had  discovered,  which  opinion  seemed  to  be  universally  received  by 
all  modern  writers.  He  likewise  informed  them  of  his  having  been  "oil" the  mouth 
of  a  river  ir  latitude  47°  10',  where  the  outset  or  reflux  was  so  strong  as  to  prevent 
his  entering  for  nine  days."  Vancouver  adds:  "This  was  probably  the  opening 
p;i-^ed  by  us  on  the  forenoon  of  the  27th,  and  was  apparently  inaccessible,  not  from 
the  current,  but  from  the  breakers  that  extended  aero,  s  it." 

So  Vancouver  had  no  idea  of  there  being  a  river  there  until  he  was  informed  by 
Captain  Gray.  He  afterward  admits  Gray  discovered  the  river ;  for,  after  leaving 
Nootka,  in  Octoler,  1782,  he  says  the  serenity  of  the  weather  encouraged  him  to 
hope  that  he  might  be  enabled,  on  his  way  South,  to  "  reexamine  the  coast  of  New 
Albion,  and  paiticularly  a  river  and  harbor  discovered  by  Mr.  Gray,  in  the  Colum- 
bia, between  the  46th  and  47th  degrees  of  north  latitude."  Here  is  a  distinct  recog- 
nition, by  an  officer  of  the  British  navy,  of  the  first  discovery  of  that  river  by  a  citi- 


74 


APPENDIX. 


zen  of  the  United  States.  In  the  year  1787,  the  expedition  of  which  the  ship  Colum- 
bia formed  part,  was  titted  out  by  the  sagacious  liberality  and  enlightened  enterprise 
of  several  citizens  of  Boston,  for  the  purposes  of  commerce  and  discovery  on  the 
Northwest  coast.  From  the  log-book  of  the  Columbia  we  learn  that  on  the  11th 
day  of  May,  1792,  Cnptain  Gray  discovered  the  mouth  of  the  Columbia  ;  and,  cross- 
ing the  bar,  "  found  this  to  be  a  large  river  of  fresh  water,  up  which  he  steered." 
Here  they  remained  until  the  20th. 

That  Captain  Gray  was  the  first  to  discover  the  Columbia  river,  it  is  believed,  is 
not  now  denied.  It  only  remains  to  inquire  whether  the  discovery  has  been  follow- 
ed up  by  such  possession  and  acts  of  ownership  as  manifested  an  intention  on  the 
part  of  the  Government  of  the  United  States  to  appropriate  the  territory  thus  dis- 
covered. A  reasonable  time  to  manifest  this  disposition  must  depend  upon  the  cir- 
cumstances of  each  case.  In  the  opinion  of  the  committee,  the  only  equitable  rule 
is  this:  that  such  a  length  of  time  must  have  elapsed  after  the  discovery  as,  under 
all  the  circumstances  of  the  parly  making  it,  shall  repel  the  presumption  of  his  in- 
tention to  follow  up  the  discovery  by  actual  possession  ;  or,  in  other  words,  that  the 
right  to  take  possession  is  abandoned.  It  will  be  recollected  that,  at  the  time  of  this 
discovery,  the  United  States  had  just  commenced  the  organization  of  a  new  Govern- 
ment; that  for  many  years  afterward  its  undivided  attention  was  required  to  its  rela- 
tions with  foreign  nations,  to  guard  its  own  interests  from  the  aggressions  to  which 
they  were  constantly  exposed  by  the  great  belligerent  powers  of  France  and  England. 
These  circumstances,  and  indeed  the  whole  history  of  the  United  States  for  the  next 
twenty  years,  sufficiently  account  for  their  inaitention  to  this  new  territory,  without 
giving  any  countenance  to  the  idea  that  they  had  abandoned  their  claim,  or  in  the 
slightest  degree  weakening  their  right  growing  out  of  the  discovery.  Whatever 
opinion  may  be  entertained  of  the  propriety  of  thii  rule,  there  can  be  no  doubt  that 
the  first  discovery,  followed  by  the  first  possession,  no  matter  at  how  remote  a  pe- 
riod, constitutes  a  perfect  title ;  and  it  is  equally  clear,  that  in  case  of  simultaneous 
possession  by  two  parties,  one  of  whom  is  the  discoverer,  the  right  shall  be  in  him. 

In  1803,  the  expedition  which  was  placed  under  the  direction  of  Captains  Lewis 
and  Clark,  was  planned  by  Mr.  JefTerson  and  approved  by  Congress,  who  made  the 
necessary  approjtriations  for  carrying  it  into  efect.  The  object  was  to  ascend  the 
Missouri  to  its  source  in  the  Rocky  Mountains,  and,  crossing  that  ridge,  to  explore 
the  Columbia  from  its  source  to  its  mouth  in  the  Pacific.  This  duty  was  performed 
by  those  officers  with  great  intrepidity,  judgment,  and  fidelity ;  their  journal  furnish- 
ing a  large  amount  of  useful  information  relative  to  the  geography,  the  Indian  tribes, 
and  the  animal,  vegetable,  and  mineral  productions  of  those  vast  regions.  Having 
crossed  the  mountains  early  in  October,  1805,  they  descended,  in  their  canoes,  Lewis 
River  to  its  junction  with  the  Columbia,  and  down  that  river  to  its  mouth,  where  they 
arrived  on  the  14th  day  of  November.  Having  selected  a  proper  site,  they  built  the 
houses  necessary  for  their  accommodation,  and  a  fort  for  their  protection  during  the 
winter,  which  was  passed  in  making  such  examination  of  the  surrounding  country 
as  the  season  would  permit.  Early  in  the  spring,  being  seriously  apprehensive  of 
want  of  provisions,  they  anticipated  the  period  originally  iixcd  lor  their  return.  Be- 
fore leaving  the  country,  they  gave  certificates  to  several  of  the  chiefs,  as  "  traces 
and  evidences"  of  their  having  been  there.  With  the  same  view,  a  paper  was  also 
•posted  up  ill  the  fort,  to  the  following  efl[ect :  "  The  object  of  this  last  is,  that  through 
the  medium  of  some  civilized  person,  who  may  see  the  same,  it  may  be  made  known 
to  the  world  that  the  party  consisting  of  the  persons  whose  names  are  hereunto  an- 
nexed, and  who  were  sent  out  by  the  Government  of  the  United  States  to  explore  the 
interior  of  the  continent  of  North  America,  did  penetrate  the  same  by  the  way  of 
the  Missouri  and  Columbia  rivers,  to  the  discharge  of  the  latter  into  the  Pacific  ocean, 
where  they  arrived  on  the  14th  day  of  November,  1806,  and  departed  on  the  23rd 
day  of  March,  1806,  on  their  return  to  the  United  States,  by  the  same  route  by 
which  they  had  come  out."  On  their  return  homeward,  they  divided  into  two  par- 
ties: Captain  Lewis  carefully  examining  Clarke's  River  and  its  principal  branches; 
while  Captain  Clarke,  crossing  over  to  the  Yellow  Stone,  desccHded  that  river  to  its 
junction  with  the  Missouri,  where  the  two  parties  reunited;  thence  they  proceeded 
to  St.  Louis,  and  the  two  officers  reached  Washington  in  February,  1807.  The  prac- 
ticability of  crossing  the  Rocky  JNIountains  being  thus  satisfactorily  established,  the 
attention  of  our  citizens  was  attracted  to  this  quarter  by  the  quantity  and  quality  of 
the  furs,  which  were  said  to  be  excellent  and  abundant. 


«« The  eai 
(trading  est! 
called  the  IV 
Manuel  Lis 
the  two  ens 
Mountains, 
The  post  or 
the  country 
and  the  diffi 
the  superin 
In  the  sai 
tion  for  the 
successful  ] 
The  plan  w 
round  Cap( 
Tonquin,  w 
following, 
P.  Hunt. 

The  Ton( 

ing  their  pr: 

Astoria,  ma 

Washingto: 

claim  and  r 

it  will  not  1 

actions  of  t 

trading  esta 

been  in  acti 

latter  perioc 

force  was  a 

lishmenis, 

proach  of  a 

British  slo( 

substituted 

From  thi 

Columbia, 

committee 

territory,  o: 

ment  now 

nal  discove 

mittee  will 

The  prel 

tested,  bec£ 

subject,  dif 

certainly  p 

Mackenzie 

rises  in  th 

course,  en 

mountains. 

thr.t,  for  th 

all  hands  i 

a  point  wl; 

north,  and 

1773,  and 

tains.     W 

river — tha 

discovery 

the  river. 

after  cross 

*  Grecnlv 
sop,  in  180G 


APPENDIX. 


75 


ship  Colum- 
m1  enterprise 
very  on  the 
on  the  nth 
;  and, cross- 
he  steered." 

believed,  is 
been  foUow- 
ition  on  the 
ry  thus  dis- 
pon  the  cir- 
juitable  rule 
ry  as,  under 
n  of  his  in- 
rds,  that  the 
time  of  this 
ew  Govern- 
d  to  its  rela- 
ms  to  which 
nd  England, 
for  the  next 
iry,  without 
n,  or  in  the 
Whatever 

0  doubt  that 
emote  a  pe- 
imultaneous 

1  be  in  him. 
)tains  Lewis 
10  made  the 
)  ascend  the 
2,  to  explore 
IS  performed 
nal  furnish- 
ndian  tribes, 
18.  Having 
noes,  Lewis 
where  they 

ley  built  the 
1  during  the 
ling  country 
ehensive  of 
return.  Be- 
,  as  "  traces 
ler  was  also 
hat  through 
nade  known 
ereunto  an- 

explore  the 
the  way  of 
icific  ocean, 
m  the  23rd 
le  route  by 
to  two  par- 
!  branches; 

liver  to  its 
y  proceeded 

The  prac- 
)lishcd,  the 
I  quality  of 


"  The  earliest  attempts  made  by  citizens  of  the  United  States  for  similar  purposes 
(trading  establiphments)  were  those  of  an  association,  formed  at  St.  Louis  in  1808, 
called  the  Missouri  Fur  Company.  At  its  head  was  an  enterpiising  Spaniard  named 
Manuel  Lisa,  through  whose  exertions,  chiefly,  several  trading  posts  were,  within 
the  two  ensuing  years,  established  on  the  Upper  Missouri,  and  one  beyond  the  Rocky 
Mountains,  on  the  head- waters  of  the  Lewis,  the  southern  branch  of  the  Columbia. 
The  post  on  the  Lewis  appears  to  have  been  the  first  ever  formed  by  white  men  in 
the  country  drained  by  the  Columbia.*  The  enmity  of  the  savages  in  its  vicinity, 
and  the  ditficulty  of  procuring  a  regular  supply  of  food,  however,  obliged  Mr.  Hen  /, 
the  supcrmtendent,  to  abandon  it  m  1810." 

In  the  same  year  (1810)  Mr.  John  Jacob  Astor,  of  New  York,  formed  an  associa- 
tion for  the  purpose  of  occupying  positions  on  the  Columbia  River  favorable  to  a 
successful  prosecution  of  the  fur  trade.  It  was  known  as  the  Pacific  Fur  Company. 
The  plan  was  to  divide  the  forces  intended  for  this  enterprise  ;  to  send  part  by  sea 
round  Cape  Horn,  arid  part  by  land  across  the  continent.  Accordingly,  the  ship 
Tonquin,  with  the  first  detachment,  sailed  from  New  York  in  1810;  and  in  January 
following,  the  second  detachment  left  St.  Louis,  under  the  direction  of  Mr.  Wilson 
P.  Hunt. 

The  Tonquin  arrived  at  the  mouth  of  the  Columbia  in  March,  1811,  and  establish- 
ing their  principal  factory  on  the  south  bank  of  the  river,  they  gave  it  the  name  of 
Astoria,  made  familiar  to  every  ear  by  the  elegant  and  interesting  narrative  of  Mr. 
Washington  Irving.  As  the  object  of  the  committee  is  only  to  show  the  continual 
claim  and  actual  possession  of  the  territory,  from  the  time  of  its  discovery  in  1792, 
it  will  not  further  our  design  to  give  an  account  of  the  commercial  and  trading  trans- 
actions of  the  association.  They  occupied  Astoria,  and  their  different  hunting  and 
trading  establishments  on  the  river,  until  the  16th  day  of  October,  1813 ;  having  thus 
been  in  actual  posi;ession  from  March,  1811 — two  years  and  six  months.  At  ths 
latter  period,  having  received  information,  upon  which  they  could  rely,  that  a  British 
force  was  approaching  forcibly  to  dispossess  them,  the  managers  sold  "all  the  estab- 
lishmenis,  furs,  and  property,"  to  the  Northwest  Company.  The  report  of  the  ap- 
proach of  a  British  force  was  soon  verified  ;  for,  in  December  following,  the  Rackoon 
British  sloop  of  war  arrived  at  Astoria,  of  which  Captain  Black  took  possession, 
substituted  the  English  for  the  American  flag,  and  changed  the  name  to  Fort  (korge. 

Fiom  this  narrative,  it  a])pears  that  the  Americans  were  the  first  to  discover  the  river 
Columbia,  and  first  to  take  possession  of  the  territory  through  which  it  passes.  The 
committee  has  no  doubt  that  the  United  States  has  thus  acquired  a  title  to  that  whole 
territory,  of  more  validity  than  that  of  any  other  nation.  As  the  British  Govern- 
ment now  refuses  to  acknowledge  the  claims  of  the  United  States  either  to  the  origi- 
nal discovery  or  possession,  (the  discovery  was  admitted  by  Vancouver,)  the  com- 
mittee will  advert  to  the  facts  and  reasons  by  which  they  justify  this  refusal. 

The  pretensions  of  Captain  Gray  to  the  honor  and  right  of  the  discovery  are  con- 
tested, because  it  is  alleged  that,  at  the  same  time,  Alexander  Mackenzie,  a  British 
subject,  discovered  the  northern  branch  of  that  river.  If  that  allegation  be  true,  it 
certainly  produce?^  some  difficulty.  That  it  is  not  true,  we  have  the  testimony  of 
Mackenzie  himsL'lf,  who  has  left  us  the  only  account  of  his  travels.  Peace  River 
rises  in  the  Rocky  Mountains  in  latitude  55°,  and,  running  generally  a  northeast 
course,  emptief)  into  Slave  River  in  latitude  59°.  The  entire  river  is  east  of  the 
mountains.  But  on  this  river  Mackenzie  tells  us  he  spent  the  winter  of  1792-93  ; 
that,  for  the  accommodation  of  his  party,  on  the  7th  of  December,  1792,  he  "  set 
all  hands  at  work  to  construct  the  fort,  "build  the  house,  and  form  store-houses,"  at 
a  point  which  he  ascertained,  "  by  various  observations,"  to  be  in  latitude  59°  9' 
north,  and  longitude  117°  35'  15"  west.  This  place  they  left  on  the  9th  of  May, 
1773,  and,  ascending  Peace  River  on  the  17th,  came  in  sight  of  the  Rocky  Moun- 
tains. We  have  seen  that,  in  May,  1792,  Gray  had  discovered  the  mouth  of  the 
river — that,  so  far  from  the  river  being  simultaneously  discovered,  the  American 
discovery  was  at  least  one  year  before  the  British,  even  if  Mackenzie  ever  touched 
the  river.  His  own  account  gives  no  reason  to  suppose  that  he  did.  Ha  sajs  that, 
after  crossing  the  Rocky  Mountains,  he  came  to  a  large  river,  which  he  descended 

*  Grecnliow.— Permanent  post  must  be  meant;  for  Lewis  a'ld  Clarke  had  erected  Fort  Clat- 
sop, in  1805,  as  we  have  .seen,  at  the  mouth  of  the  river. 


76 


APPENDIX. 


H 


{or  several  days  in  a  canoe  ;  but,  becoming  discouraged  by  the  difficulties  of  the  na- 
vipjatioii,  he  determined  tu  make  an  ctfbrt  to  reach  the  Pacific  Ocean  by  land.  For 
thisi  purpose  he  returned  up  the  rivjr  to  a  point  from  which  he  had  resolved  to  ad- 
vance west  by  the  shortest  route  to  the  ocean,  where  they  arrived  July  22nd,  in  lati- 
tude 52^  23'  43".  Thi.s  river,  he  tells  us,  was  navifi;able,  and,  by  his  account,  he 
reached  it  in  about  56^  north.  None  of  the  sources  of  the  Columbia  are  north  of 
54^.  The  source  of  the  Columbia  is  directly  south  of  the  source  of  Peace  Hi  ver; 
but  the  object  of  Mackenzie  (tu  reach  the  Pacific)  would  carry  him  west,  and  not 
south.  The  Columbia  is  known  not  to  be  navi<Table  at  any  point  where  it  is  possi- 
ble Mackenzie  could  have  touched  it.  The  river  asserted  to  be  the  Columbia  he 
left  on  the  4th,  and  arrived  at  the  ocean  on  the  22nd  of  July— an  interval  in  which 
it  is  impossible  tliey  could  have  performed  the  journey,  which  could  not  have  been 
less  than  four  or  five  hundred  miles  in  the  most  direct  route.  Mackenzie's  general 
course  from  the  river  was  southwest;  and  yet  he  informs  us  that,  on  the  10th,  af- 
ter six  days'  travelling,  he  found  the  latitude  to  be  53°  4'  32",  which  is  nearly  as 
far  north  as  any  of  the  sunrce->  of  the  Columbia.  For  these  reasons,  the  commit- 
tee is  led  to  the  concl*  '  tbat  Mackenzie  did  not  see  the  Columbia  River.  Me 
himself  admits  that  he  Ui>.  ;vo*  ■  •  ■  so  until  June,  1793,  leaving  Captain  Gray  the 
undisputed  discoverer. 

The  committee  submits  the  follow i>  extract  of  Mr.  Greenhow's  Memoir,  upon 
the  disputed  question  of  prior  possession  :  "  With  regard  to  the  priority  of  their 
discoveries,  the  plenipotentiaries  of  Great  Britain,  in  the  statement  presented  by  ihem 
to  the  American  minister  during  the  negotiation  of  1826,  make  the  following  obser- 
vations- '  In  reply  to  the  allegations,  on  the  part  of  the  United  .States,  that  their  claim 
to  th'.'  country  is  strengthened  and  confirmed  by  the  discovery  of  the  sources  o''  the 
Columbia,  and  by  the  exploration  of  the  course  of  that  river  to  the  sea,  by  Lewis 
and  Clark,  in  lS05-'6,  Great  Britain  affirms,  and  can  distinctly  prove,  that,  if  not  be- 
fore, at  least  in  the  same  and  subsequent  years,  her  Northwestern  Trading  Company 
had,  by  means  of  their  agent,  Mr.  Thompson,  already  established  their  posts  among 
the  Flathead  and  Kootanie  tribes  on  the  head  waters  or  main  branch  of  the  Colum- 
bia, md  were  gradually  extending  them  down  the  principal  streams  of  that  river : 
thus  giving  to  Great  Britain  in  this  particular,  as  in  the  discovery  of  the  mouth  of 
t'-.o  river,  a  title  of  parity  at  least,  if  not  of  priority  of  discovery,  as  opposed  to  the 
United  States.  It  was  from  these  posts  that,  having  heard  of  the  American  establish- 
ment forming  in  181 1  at  the  mouth  of  the  river,  Mr.  Thompson  hastened  thither,  de- 
scending the  river  to  ascertain  the  nature  of  that  establishment.'  As  the  words  '  in 
the  same  and  subsequent  year,'  are  rather  indefinite,  the  dates  of  the  occurrences 
above  mentioned  will  be  slated  somewhat  more  exactly.  Lewis  and  Clarke  reached 
the  Pacific  ocean,  after  exploring  the  Columbia  River  from  one  of  its  most  eastern 
head  waters  in  the  Rocky  Mountains  to  its  mouth,  on  the  15th  of  November,  1805. 
In  the  spring  of  180G,  as  will  hereafter  be  shown,  Mr.  Simon  Frazer,  and  other 
persons  in  the  employment  of  the  Northwest  Company,  crossed  the  Rocky  Moun- 
tains through  the  great  gap  near  the  56th  degree  of  latitude,  and  established  the  first 
British  trading  post  west  of  that  chain,  on  Frazer's  lake,  about  two  degrees  further 
south  ;  but  no  evidence  has  been  obtained  that  British  subjects  had  ever  visited  any 
part  of  the  country  drained  by  the  Columbia,  above  the  falls  of  that  river,  before 
the  summer  of  1811.  In  that  year,  Mr.  Thompson,  astronomer  of  the  Northwest 
Company,  and  his  party,  on  their  way  down  the  stream,  for  the  purpose  of  antici- 
pating the  Americans  at  its  mouth,  did  build  some  huts  on  the  northern  branch,  and 
did  there  open  trade  with  the  Flathead  and  Kootanie  Indians ;  and  from  these  posta 
Mr.  Thompson  did,  indeed,  hasten  down  to  the  ocean,  where  he,  however,  found 
the  citizens  of  the  United  States  in  full  possession."  Suppose  the  possession  by 
Thompson  and  Lewis  and  Clarke  to  have  been  simultaneous,  as  alleged  by  the  Bri- 
tish ministry,  the  committee  is  clearly  of  opinio:;  that  even  such  possession,  strength- 
ened by  our  prior  discovery,  gives  us  the  better  Mtle. 

Having  thus  established  in  the  United  States  the  priority  both  of  discovery  and 
possession,  the  committee  proceeds  to  a  consideration  of  the  events  which  followed 
the  occupation  of  Astoria  by  the  British,  in  December,  1813.  By  the  first  aiticle  of 
the  treaty  of  Ghent,  it  is  agreed  that  '•  all  territory,  places,  and  possessions,  whatso- 
ever, taken  by  either  party  from  the  other,"  etc.,  "  shall  be  restored  without  delay." 
Astoria,  having  been  taken  from  the  Americans  during  the  war,  was  included  in  the 


1 


stipulations 
agent,  J.  B. 

«'  In  obedic 
in  a  disjiatch 
ners  or  agent: 
and  in  obedi 
Esq.,  cajjtain 
formity  to  th 
United  State? 
on  the  Colun 
tlie  Columbia 


I  do  hcrcli 
of  the  United 
to  the  first  ar 
George,  Colu 


It  is  true  t 
lions  to  the  I 
of  possession 
of  dominion 
Mr.  Rush,  af 
ample  extent 
ing  of  the  tit 

Notwithsti] 
the  restoratio 
reagh  of  our 
facts  very  im 
place,  it  prov 
laration  of  th 
the  war.  Ai 
Castlereagh, 
they  recogniz 
unfortunately 

The  effect" 

position  bcf( 

determine  wl 

act  of  surren 

River."    Th 

Certainly  soi 

toration  exte 

(Fort  Georgt 

that  occupat 

countries  art 

of  Lewis  an^ 

the  winter  ii 

formal  posse 

States,  const 

occupied  by 

with  the  ten 

We  have 

reasonable  t 

tered  by  the 


P 


APPENDIX. 


?s  of  the  na- 
y  land.  For 
solved  to  ai- 
i2nd,  in  lati- 
account,  he 
are  north  of 
Peace  lliver; 
•est,  and  not 
e  it  is  possi- 
Coiumbia  he 
val  in  which 
)t  have  been 
izie's  general 
the  10th,  af- 
is  nearly  as 
the  commit- 
River.  He 
aiii  Gray  the 

[emoir,  upon 
rhy  of  their 
nted  by  iheni 
3\ving  obser- 
xt  their  claim 
lurces  of  the 
;a,  by  f^ewis 
at,  if  not  he- 
i)g  Coin  pan  y 
posts  among 

the  Colum- 
f  that  river ; 
;he  mouth  or 
3posed  to  the 
\n  cstal)lish- 
1  thither,  de- 
le  words  '  in 

occurrences 
arke  reached 
most  eastern 
imber,  1805. 
ir,  and  other 
•cky  Moun- 
ihed  the  hrst 
;rees  further 
r  visited  any 
river,  before 
e  Northwest 
iG  of  antici- 
branch,  and 
I  these  posts 
ever,  found 
issession  by 
.  by  the  Bri- 
)ij,  strength - 

scovery  and 
ch  followed 
rst  aiticle  of 
ins,  whatso- 
lout  delay." 
luded  in  the 


stipulations  of  this  article,  and  was  restored  to  the  United  Slates,  through  their 
agent,  J'.  B.  Prevost,  p]sq.,  in  the  following  manner: 


agent,  J.  J5.  I'revost,  i^^sq 
•'  In  obedience  to  the  commands 


of  hi? 


Royal  Hignoss  the  Prince  Regent,  Fignified 
in  a  dis])atch  from  the  right  honorable  the  Karl  of  Bathurst,  addressed  to  the  part- 
ners or  agents  ai  the  Northwest  Company,  bearing  date  the  27th  of  January,  J  818, 
and  in  obedience  to  a  subsequent  order,  dated  2(Jth  of  July,  from  W.  H.  Siieriff, 
Esq.,  captain  of  his  Majesty's  ship  Andromache,  we,  the  undersigned,  do,  in  con- 
formity to  the  first  article  of  the  treaty  of  Ghent,  restore  to  the  Govern ment  of  the 
United  States,  through  its  agent,  J.  B.  Prevost,  Esq  ,  the  settlement  of  Fort  George, 
on  the  Columbia  River.  Given  under  our  hand,  in  triplicate,  at  Fort  (icorge,  on 
tlie  Columbia  River,  this  Gth  day  of  October,  181^. 

"  F.  HICKEY, 
Captain  of  Jik  Blajesfifs  ship  Blossom. 
"  J.  KEITH, 
of  the  Northwest  Company" 

I  do  hereby  acknowledge  n  have  this  day  received,  in  behalf  of  the  Government 
of  the  United  States,  the  possescioii  of  the  .^settlement  designated  altove,  in  i.  informity 
to  the  first  article  of  the  treaty  of  Ghent.  Given  under  my  hand,  in  triplicate,  at  Fort 
George,  Columbia  River,  this  6th  day  of  October,  1818. 

"  J.  B.  PREVOST. 
Agent  for  the  United  '    ricy." 

It  is  true  that,  in  the  dispatch  of  Earl  Bathurst,  and  in  Lord  Ca.stlereag':'s  in..u  -.c- 
tions  to  the  British  minister  at  Washington,  a  reservation  is  made,  that  th(,  surrender 
of  possession  should  not  be  deemed  an  admi.^sion  of  the  absolute  and  exclusive  right 
of  dominion  claimed  by  the  United  States;  but  at  the  same  time,  in  exph.'iation  to 
Mr.  Rush,  as  stated  in  a  public  dispatch,  "  Lord  Castlereagh  admitted,  in  the  most 
ample  extent,  our  right  to  be  reinstated,  and  to  be  the  party  in  possessi''  ^  while  treat- 
ing of  the  title."* 

Notwithstanding  this  protest  against  any  inference  favorable  to  our  title  from 
the  restoration  of  the  territory,  that  restoration,  and  the  admission  of  Lord  Castle- 
reagh of  our  right  to  the  possession  during  the  controversy,  are  conclusive  of  some 
facts  very  important  to  an  equitable  settlement  of  the  rights  in  dispute.  In  the  lirst 
place,  it  proves  the  Americans  to  have  been  in  possession  in  June,  1812,  at  the  dec- 
laration of  the  war;  for  such  places  only  were  to  be  restored  as  were  taken  during 
the  war.  And,  in  the  second  place,  the  act  of  restoration,  and  the  admission  of  Lord 
Castlereagh,  establish  the  important  fact  that  we  are  actually  in  pos.session  now;  for 
they  recognize  our  right  to  the  ])ossession  while  treating  of  the  title,  which  treating, 
unfortunately,  has  not  yet  been  brought  to  a  close. 

The  eflijct  of  the  surrender  of  Fort  (jeorge  was  to  restore  the  United  States  to  their 
position  before  the  capture,  reinstating  them  in  all  their  territorial  rights,  etc.  To 
determine  what  was  restored,  we  must  lirr-t  ascertain  what  was  surrendered.  The 
act  of  surrender  designates  it  as  "  the  settlement  of  Fort  George,  on  the  Columbia 
River."  The  question  recurs,  what  was  embraced  in  the  .settlement  of  Fort  George  ? 
Certainly  something  besides  the  fort  itself.  The  terms  of  the  act  imply  that  the  res- 
toration extended  beyond  the  site  of  the  fort.  The  extent  of  the  settlement  of  Astoria 
(Fort  George)  depends  upon  actual  occupation,  intention  clearly  manifested  to  extend 
that  occupation,  and  principles  of  law  by  which  the  limits  of  .settlements  in  new 
countries  are  defined.  The  discovery  of  the  Columbia  by  Gray  ;  the  public  mission 
of  Lewis  and  Clarke,  who  twice  traversed  the  w^hole  breadth  of  the  territory,  spent 
the  winter  in  a  temporary  fort,  which  they  built  on  the  bank  of  the  river,  and  took 
formal  possession,  by  the  authority,  in  the  name,  and  at  the  expense  of  the  United 
States,  constitute  a  title  to  territory  beyond  the  mere  line  of  march  and  the  ground 
occupied  by  the  fort.  The  right  of  our  citizens  to  form  settlements  was  coextensive 
with  the  territory  covered  by  this  title. 

We  have  already  seen  that  the  discovery  of  a  river  and  actual  possession  within  a 
reasonable  time  give  the  right  to  form  settlements  on  every  part  of  the  territory  wa- 
tered by  the  river  and  its  tributaries.    This  right  may  be  surrendered,  or  it  may  be 

♦  Cu»l)ing'e  Report. 


78 


APPENDIX. 


lorfeitcd  by  non-user.  There  is  no  pretence  that  in  this  case  it  has  over  been  sn:- 
Dndereii,  nor  can  a  forfeiture  be  successfully  urged.  This  ])rinciple  will  carry  the 
njrthern  boundary  of  the  United  Slates  west  of  the  Rocky  Mountains  to  about  54°. 
This  will  be  the  northern  limit  of  the  title  acquired  by  tlie  discovery  und  possession 
above  referred  to. 

There  is  another  principle  by  which  the  extent  of  the  risht  of  our  people  to  form 
settlements  in  this  territory  may  be  ascertained.  It  is  .settled  that  the  nation  which 
takes  possession  of  unoccupied  territory  acquires  the  right  to  form  settlements  of  it.^ 
people  in  every  direction,  over  one-half  the  space  intervenini;  between  the  point  of 
such  actual  possession,  and  the  settlements  already  made  of  any  other  organized 
community.  How  will  the  recognition  of  this  principle  aflect  the  present  inquiry  ? 
The  position  occupied  by  Lewis  and  Clarke,  (Fort  Clatsop,)  and  A.^toria,  are  m  lat- 
itude 46^  18'.  The  most  southern  point  of  which  Cook  took  po.'^.session,  though  no 
settlement  followed,  was  at  the  mouth  of  Cook's  River,  in  latitude  61°  30'.  The  in- 
termediate point  between  the  mouth  of  Columbia  and  Cook's  River  is  53°  54',  and  thi« 
would  be  our  northern  limit.  The  extent  of  our  right  under  either  principle  would 
be  nearly  the  same. 

The  committee  proceeds  to  exhibit,  from  the  best  information  within  its  reach,  how 
far  this  right  of  settlement  by  citizens  of  the  United  States  has  been  actually  exer- 
ercised.  Mr.  Astor,  in  a  letter  to  the  Hon.  J.  Q.  Adams,  then  Secretary  of  State, 
dated  Mew-York,  January  4,  1823,  states  that  his  plan  in  1810  was  to  make  an  es- 
tablishment at  the  mouth  of  Columbia  River,  which  would  serve  as  a  place  of  depot, 
and  give  further  facilities  for  conducting  a  trade  across  this  continent,  to  that  river, 
etc.  We  have  already  stated  that  the  agents  of  Mr.  Astor,  apprehending  an  invasion 
from  a  Hritish  force,  sold  the  establishments,  etc.,  to  the  Northwest  Company.  The 
article  of  agreement  for  this  purpose  throws  some  light  upon  the  extent  of  the  coun- 
try actually  in  the  occupation  of  the  Americans.  It  is  dated  the  16th  day  of  October, 
1813,  and  recites,  that  an  association  had  heretofore  carried  "  on  the  fur  trade  to  the 
Columbia  River  and  its  dependencies,  under  the  lirm  and  denomination  of  the  Pacific 
Fur  Company."  The  first  articles  covenant,  etc.,  for  the  sale  and  delivery  "of  the 
whole  of  their  establishments,  furs,  and  present  stock  on  hand,  on  the  Columbia  and 
Thompson's  Rivers;"  and  the  fourth  article  refers  to  "John  Reid's  adventure,  and 
Freeman's,  in  the  vicinity  of  Snake  country  and  Spanish  River."  One  of  the  wit- 
nesses to  this  agreement  is  Alfred  Seton,  Esquire,  now  a  resident  of  the  city  of  New- 
Yck,  A  letter  was  addressed  to  him,  asking  information  of  the  number  and  loca- 
tion of  Mr.  Astor's  e.stablishments.  Mr.  Seton  was  one  of  the  young  men  selected 
by  INI'-.  Astor  to  carry  out  the  extensive  plans  which  he  had  formed  for  establishing 
a  trade  in  these  vast  regions.  He  is  a  gentleman  of  education  and  character,  and 
participt'ted  in  the  events  he  relates.  His  reply  is  dated  at  New-York,  26th  March, 
1842,  oi  which  the  following  extracts  are  applicable  to  our  present  purpose: 
"  Thompson's  River  was  the  north  branch  of  the  Columbia.  In  the  common  par- 
lance of  tl  e  country,  among  our  people,  the  southern  branch  of  the  Columbia,  by 
which  Lew's  and  Clarke  went  down  to  the  main  river,  was  called  Lewis's  River.  So 
the  northern  branch  was,  by  the  northwesters,  called  Thompr.on's  River." 

"  The  post  or  establishment  alluded  to  in  the  treacherous  agreement  for  the  trans- 
fer of  Mr.  Asvor's  property  was  that  of  Okenagan,  established  by  David  Stuart,  of 
the  I'.ncific  Fur  Company,  in  the  autumn  of  1811,  and  situated  about  150  or  200  miles 
up  Thompson's  River,  or  the  north  branch  of  the  Columbia."  Mr.  Seton  proceeds: 
"  I  will  try  to  coivey  to  you  some  sort  of  ideas  of  the  country,  and  out  of  these  you 
must  pick,  if  yoi.  can,  the  information  you  require.  Lay  before  you  the  map  ap- 
pended to  the  second  volume  of  Astoria,  follow  up  the  south  branch  of  the  Columbia, 
or  Lewis's  River,  until  you  come  to  a  tributary  stream  called  the  Kooskooske.  This 
little  river,  you  will  see,  runs  from  a  spur  of  the  Rocky  Mountains.  Lewis  and 
Clarke  embarked  on  it,  where  it  first  becomes  deep  enough  to  swim  a  canoe,  and 
floated  down  to  the  south  branch  of  the  Columbia.  This  south  branch,  from  the 
mouth  of  the  Kooskooske  to  the  forks,  being  the  only  part  navigated  by  Lewis  and 
Clarke,  is  called  Lewis's  River;  above  the  mouth  of  the  Kooskooske,  it  is  called  the 
Snake  River,  and  the  ailjacent  country  the  Snake  country.  The  Indian  name  for  this 
part  of  it,  however,  is  the  Camoenuni.  The  Pacific  Fur  Company  established  a  post 
at  the  head  of  the  Kooskooske  in  the  summer  of  1812,  and  nearly  where  Lewis  and 
Clarke  built  their  canoes.    This  was  located  by  Donald  Mackenzie,  of  whose  party 


both  John  I 
make  ourse 
it  was  my  1 
or  Canioeni 
north  and  v 
bia,  (called, 
referred  to, 
he  found  M 
"John  Reii 
direction." 
"  At  the 
were — 
"  1.  A.sl( 
"2.  Oke 
lumbia. 

"3.  Spo 

A  brandi  o 

country,  an 

"  4.  A  p 

"  5.  One 

These  pc 

cipal  tribute 

between  th 

it  in  its  pov 

of  Europea 

United  Stat 

was  perfec 

ates.     Altl: 

time,  yet  tl 

and  .^ettlem 

or  agreeme 

Astoria,  th( 

with  it ;  ar 

although  tl 

not  lost,  I'o 

longed  tot 

nor  has  th( 

the  conven 

governmen 

The  con 

sion,  coup] 

that  it  shal 

session  pei 

tinuance  o 

We  leai 

The  dorna 

of  its  nec( 

vantages  a 

which  ihe 

country." 

The  foil 

"  VVhei 

never  yet 

ereignty,  f 

All  the 

which  Va 

be  rejecte( 

be  conteui 

ring  no  r 

Mr.  Prev< 

sent  a  bat 


APPENDIX. 


79 


cr  been  5u:- 
II  carry  the 

about  51°. 

possession 

iplo  to  form 
ition  which 
inents  of  itfl 
the  point  of 
r  organized 
snt  inquiry  ? 
I,  are  m  lat- 
,  though  no 
0'.  Th.-in- 
54',  and  this 
ciple  would 

!  reach,  how 
tually  exer- 
iry  of  State, 
nake  an  cs- 
ice  of  depot, 
o  that  riv(!r, 
an  invasion 
)any.  The 
)f  the  coun- 
of  October, 
trade  to  the 
f  the  Pacific 
ery  "  of  the 
:ilambia  and 
•cnlure,  and 
^  of  the  wit- 
;ity  of  New- 
er and  loca- 
nen  selected 
establishing 
aracter,  and 
;6th  March, 
it  purpose : 
ommon  par- 
alumbia,  by 
River.     iSo 

)r  the  trans- 
d  Stuart,  of 
3r2()0  miles 
n  proceeds: 
(f  these  you 
lie  map  ap- 
;  Columbia, 
tske.  This 
Lewis  and 
canoe,  and 
1,  from  the 
Lewis  and 
s  called  the 
ime  for  this 
shed  a  post 
Lewis  and 
rhose  party 


^olll  John  Reid  and  myself  were  members.  In  our  various  exploring  expeditions,  to 
make  ourselves  practically  acquainted  with  the  fur  bearing  properties  of  the  country, 
it  was  my  lot  to  take  the  route  from  the  mowth  of  the  Kooskooske,  along  the  Snake 
or  Cunioenum  lliver,  to  the  west  "  "  Mackenzie  explored  the  region  of  the  country 
north  and  west,  lying  between  the  Kooskooske  and  the  northern  branch  of  the  Colum- 
bia, (called,  as  before  said,  sonietinies  Thompson's  Uiver,  and  laid  down  in  the  map 
referred  to,  as  Clarke's  River.)  This  region  was  called  the  Spokan  country,  and  in  it 
he  found  Mr.  Clarke,  also  a  partner  of  the  Paciiic  Kur  Company,  already  established." 
•'  John  Reid  went  to  the  eastward,  if  I  remember  nghtly,  to  look  at  the  country  in  that 
direction." 

"  At  the  time  of  the  transfer  of  Mr.  Astor's  property,  the  posts  actually  established 
were — 

"  1.  Astoria,  near  to  the  seacoast. 

"  2.  Okenagan,  at  the  confluence  of  that  river  and  the  north  branch  of  the  Co- 
lumbia. 

"  ;{.  Spokan  House,  on  the  river  of  the  same  name,  and  with  the  Spokan  Indians. 
A  branch  of  this  establishment  had  also  been  pushed  further  west,  in  the  Flathead 
country,  and  among  the  Coutonois  Indians. 

"  4.  A  post,  as  before  mentioned,  on  the  Kooskooske. 

"  5.  One  on  the  Wallamette  River." 

These  posts,  established  in  all  parts  of  the  territory  on  the  Columbia  and  its  prin- 
cipal tributaries,  at  intervals  of  several  hundred  miles,  and  with  water  communication 
between  them  all,  constitute  all  the  possession  which  the  Pacilir  Fur  Company  had 
it  in  its  power  at  that  time  to  take,  and  all  that  was  required  by  the  laws  and  usages 
of  European  nations  in  acquiring  territory  on  this  continent.  The  inchoate  title  in  the 
United  States,  by  the  discoveiy  of  Gray  and  the  exploration  of  Lewis  and  Clarke, 
was  perfected  by  the  actual  settlement  and  occupation  by  Mr.  Astorand  his  associ- 
ates. Although  a  title  by  discovery,  without  possession,  may  be  lost  by  lapse  of 
time,  yet  the  title  of  the  United  States,  perfected  as  this  was  by  the  actual  possession 
and  settlement  of  their  people,  could  not  be  thus  lost  or  divested,  except  by  conquest 
or  agreement.  If  the  posts  above  enumerated  were  included  in  the  capitulation  of 
Astoria,  then  they  are  within  the  provisions  of  the  treaty  of  Ghent,  and  were  restored 
with  it ;  and  of  course  there  was  no  conquest.  If  not  included  in  the  capitulation, 
although  the  American  parties  (cut  off  from  their  depot)  were  withdrawn,  our  title  is 
not  lost,  for  there  is  no  pretence  of  an  agreement  for  its  surrender.  The  territory  be- 
longed to  the  United  States  ;  was  not  open  to  the  colonization  of  any  foreign  country ; 
nor  has  the  Northwest  Company  any  rights  there,  except  such  as  were  conceded  by 
the  conventions  of  1818  and  1827 — no  right  of  domain  in  them,  or  dominion  in  their 
government. 

The  committee  proceed  to  inquire,  what  are  the  consequences  of  this  actual  posses- 
sion, coupled  with  the  right  ?  The  restoration  absolute,  but  forthe  single  condition 
that  it  shall  not  be  used  as  evidence  in  the  discussion  of  the  title,  and  the  right  of  pus- 
session  perfect  in  its  character,  limited  only  in  its  duration,  constitute,  during  the  con* 
tinuance  of  the  latter,  a  complete  title. 

We  learn  from  Vattel  that  this  right  of  possession  comprehends  two  things  :  "  1. 
The  domain,  in  virtue  of  which  the  nation  alone  may  use  this  country  for  the  supply 
of  its  necessities,  and  maydispo.'ie  of  it  in  such  manner  and  derive  from  it  such  ad- 
vantciges  as  it  thinks  proper.  2.  The  empire,  or  the  right  of  sovereign  command,  by 
which  the  nation  ordains  or  regulates  at  its  pleasure  everything  that  passes  in  the 
country." 

The  following  paragraph  is  exactly  applicable  to  our  present  case  : 

"  When  a  nation  takes  possession  of  a  country  (our  possession  is  admitted)  that 
never  yet  belonged  to  another,  it  is  considered  as  possessing  there  the  empire  or  sov- 
ereignty, at  the  same  time  with  the  domain." 

All  the  powers  and  authorities  of  government  are  comprised  in  the  right  of  empire, 
which  Vattel  informs  us  accompanies  the  possession.  But  if  the  authority  of  Vattel 
be  rejected,  reason  and  argument  lead  directly  to  the  same  conclusion.  It  will  scarcely 
be  contended  that  the  possession  thus  restored  was  a  mere  naked  possession,  confer- 
ring no  rights  upjon  the  United  States.  The  power  which  was  competent  to  send 
Mr.  Prevost  to  receive  and  acknowledge  the  act  of  restoration  might  certainly  have 
sent  a  battalion  of  troops  to  have  mai'ched  into  the  vacated  post,  and  to  have  restored 


so 


APPENDIX. 


the  flap;  of  the  United  States.  In  such  an  event,  who  that  knows  the  restless  and 
enterprising  character  of  our  people  will  hesitate  to  helieve,  that  long  ere  this  hirge 
and  flourishing  settlements  would  have  heen  formed  in  every  jjart  of  the  territory  ■■ 
We  say  in  every  part  of  the  territory,  for  the  possession  of  Astoria,  at  the  mouth  of 
the  river,  was  a  virtual  possession  of  the  whole,  and  the  restoration  cf  Astoria  was 
a  virtual  restoration  of  the  whole.  If  such  settlements  hud  been  formed  by  citizens 
of  the  United  States,  it  would  have  become  not  only  the  right  but  the  duty  of  our 
government  to  have  extended  to  them  the  protection  of  our  power  and  the  benefits 
of  our  laws,  otherwise  they  must  have  been  settlements  without  laws ;  for  if  the 
United  States,  in  possession,  had  not  the  right  of  empire,  no  other  government,  out  of 
possession,  could  lay  claim  to  any  such  right.  This  course  of  reasoning  might  be 
greatly  extended  ;  but  the  coiimiittee,  throwing  out  tliese  few  lAvAs  for  the  considera- 
lioa  of  ihe  Hou.se,  jiroceeds  to  the  examination  of  the  conventions  of  1818  and  18-27, 
to  ascertain  if  the  right  of  empire,  thus  in  the  United  Stales,  has  been,  by  anything 
therein  contained,  divested  or  restricted. 

By  the  third  article  of  the  convention  of  1818,  "  it  is  agreed  that  any  country  that 
may  be  claimed  by  either  party  on  the  northwest  coa.it  of  America,  westward  of  the 
Stony  Mountains,  shall,  together  with  its  harbors,  bays,  and  creeks,  and  the  naviga 
tion  of  all  rivers  within  the  same,  be  free  and  open,  for  the  term  of  ten  years  from  the 
date  of  the  signature  of  the  present  convention,  to  the  ves.?el8,  citizens,  and  subjects 
of  the  two  Powers ;  it  being  well  understood  that  this  agreement  is  not  to  be  con- 
strued to  the  prejudice  of  any  claim  which  either  of  the  two  high  contracting  parties 
may  have  to  any  part  of  the  saiil  country,"  etc. 

By  the  fiist  article  of  the  convention  of  1827,  it  is  agreed  that  the  provisions  of  the 
first  article  of  the  convention  of  1818,  above  recited,  "  shall  be,  and  they  are  hereby, 
indefinitely  extended  and  continued  in  force  in  the  same  manner  as  if  all  the  provi- 
sions of  the  said  article  were  herein  specifically  recited." 

By  the  second  article  it  is  agreed,  "  it  shall  be  competent,  however,  to  either  of  the 
contracting  parties,  in  case  either  should  think  fit,  at  any  time  after  the  20th  of  Oc- 
tober, 1828,  on  giving  d\ip  notice  of  twelve  months  to  the  other  contracting  party,  to 
annul  and  abrogate  this  convention  ;  and  it  shall,  in  such  case,  be  accordingly  entirely 
annulled  and  abrogated,  after  the  expiration  of  the  said  term  of  mjtice." 

The  third  article  saves  all  rights  and  claims  of  the  parties.  The  first  remark  we 
have  to  make  upon  these  articles  is,  that  they  contain  no  reference  whatever  to  the 
posses-sion,  which,  by  tho  treaty  of  Ghent,  and  subsequent  acts  \inder  it,  was  ac- 
knowledged to  be  in  the  United  States,  in  the  most  formal  manner,  and  which  could 
not  be  divested  except  in  a  manner  equally  formal,  or  by  the  consent  of  the  Uniieu 
States,  under  the  limitations  of  that  acknowledgment.  It  is  hardly  necessary  to  ob- 
serve that  in  neither  manner  is  it  divested  by  the  stipulations  of  these  conventions,  oi 
either  of  them. 

What  rights,  then,  were  granted  or  acquired  by  these  conventions  .'  Clearly  none 
inconsistent  with  our  previously  admitted  pos.session.  We  have  seen,  from  the  high- 
est authority,  that  the  right  to  govern  is  incident  to  the  possession.  The  right  of  the 
citizens  of  the  United  States,  under  this  possession,  and  with  the  peimission  of  this 
government,;to  cultivate  the  soil,  navigate  the  rivers,  fish,  hunt,  etc.,  is  also  clear.  This 
right  of  our  citizens  existed  with  the  possession  before  the  war  of  1812,  and  was  re- 
stored with  the  restoration  of  the  "  settlement  of  Fort  George,"  on  the  6th  day  of 
October,  1818,  prior  to  either  of  these  conventions,  and  of  course  independent  of  both. 
If  this  be  true,  we  acquired  no  new  rights  under  the  convention  of  1818;  all  these 
accompanied  our  prior  possession.  That  convention,  then,  was  a  concession  to  Eng- 
lish subjects  of  a  participation  in  individual  rights,  which,  but  for  that  convention, 
woul('  have  xppertained  exclusively  to  our  own  citii^iens.  It  contains  no  recognition 
of  any  authority  in  the  British  Government  over  the  territory. 


i  restless  and 
-•re  this  large 
.he  territory  •' 
lip  mouth  of 
Astoria  was 
il  by  citizens 
duty  of  our 
!  the  benefits 
i ;  for  if  the 
iment,  out  of 
ng  might  he 
le  conwdera- 
8  and  1827, 
by  anything 

country  that 
tward  of  the 
the  naviga 
ars  from  the 
md  subjects 
)t  to  be  con- 
cting  parties 

isions  of  the 
are  hereby, 
1  the  provi- 

eitherof  the 
20th  of  Oc- 
ng  party,  to 
gly  entirely 

remark  we 
tever  to  the 
it,  was  ac- 
vhich  could 
the  United 
ssary  to  ob- 
ventions,  oi 

learly  none 
fn  the  high- 
right  of  the 
sion  of  this 
clear.  This 
uid  was  re- 
6th  day  of 
mtof  both, 
i ;  all  these 
on  to  Eng- 
;onvention, 
recognition 


